The Biden administration published a final regulation on Friday that adds “sexual orientation” and “gender identity” to the Title IX protections.
Any public school or institution that gets federal financing is prohibited from discriminating on the basis of sex under Title IX.
The administration released an updated version of the law in 2022 that forbids discrimination based on “gender identity.”
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According to a statement from the U.S. Department of Education (DOE), the administration’s new regulation is the completed version following months of study and public feedback. It will take effect on August 1.
“For more than 50 years, Title IX has promised an equal opportunity to learn and thrive in our nation’s schools free from sex discrimination,” said U.S. Secretary of Education Miguel Cardona. “These final regulations build on the legacy of Title IX by clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights.”
The final rule “protects all students and employees from all sex discrimination prohibited under Title IX, including by restoring and strengthening full protection from sexual violence and other sex-based harassment.”
The rule clarifies the “steps a school must take to protect students, employees, and applicants from discrimination based on pregnancy or related conditions. And the rule protects against discrimination based on sex stereotypes, sexual orientation, gender identity, and sex characteristics.”
“These final regulations clarify Title IX’s requirement that schools promptly and effectively address all forms of sex discrimination,” said Assistant Secretary for Civil Rights Catherine E. Lhamon. “We look forward to working with schools, students, and families to prevent and eliminate sex discrimination.”
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The administration postponed implementing a new regulation that would have prohibited schools from outright prohibiting transgender athletes.
Many saw the postponement as a political ploy in an election year where Republicans have united behind the prohibition of transgender athletes from participating in girls’ sports, the AP reported.
Florida is among the 24 states that have enacted bans on biological males participating in women’s and girls’ sports.
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