Federal law will now protect LGBTQ+ students, and new protections for victims of campus sexual assault were finalized on Friday by the Biden administration.
These changes are part of an updated Title IX regulation from the Education Department, fulfilling President Joe Biden’s campaign promise. He aimed to undo rules implemented by former Education Secretary Betsy DeVos, which provided more protections for students accused of sexual misconduct.
However, Biden’s policy does not mention transgender athletes, as originally planned. A new policy preventing schools from banning transgender athletes was delayed, seen by many as a political move during an election year where Republicans have supported such bans in girls’ sports.
Instead, Biden is reversing sexual assault rules put in place by former President Donald Trump, who is now his election-year opponent. Victim advocates praised the final policy, while Republicans argued it undermines the rights of accused students.
Education Secretary Miguel Cardona emphasized the importance of safe and inclusive schools, stating, “No one should be bullied or discriminated against because of who they are or who they love.”
The new rule clarifies schools’ responsibilities under Title IX, the 1972 law prohibiting sex discrimination in education. It applies to schools receiving federal funds, from colleges to elementary and high schools, and goes into effect in August.
One of the key updates is recognizing that Title IX protects LGBTQ+ students, a contentious issue among Republicans who argue the law was not intended to cover sexual orientation or gender identity. Despite opposition, the Biden administration asserts that these protections are necessary to ensure all students are treated fairly and can seek federal intervention if their schools fail to address discrimination.