Biden says transgender students are protected under Title IX, reversing Trump’s stance.
The Department of Education announced on Wednesday that transgender students are protected under Title IX from discrimination, reversing the previous administration’s position.
The agency’s Office of Civil Rights (OCR) issued the notification on Wednesday to “provide clarity” on the 1972 legislation, which bars sex discrimination in federally funded programs.
The notice stated, “OCR has long recognized that Title IX protects all students, including lesbian, homosexual, bisexual, and transgender students, from harassment and other kinds of sex discrimination.”
“However, OCR has stated on several occasions that Title IX’s prohibition on sex discrimination does not include discrimination based on sexual orientation and gender identity,” it continued.
The Education Department under previous President Donald Trump claimed that the statute did not protect gay and transgender pupils.
Protections for children in public schools that allowed them to use toilets and facilities that corresponded to their gender identity were revoked by the department in 2017. Three years later, the agency found that Connecticut had violated Title IX by allowing transgender student-athletes to participate in sports that matched their gender identity.
President Joe Biden signed an executive order on “ensuring an educational environment free of discrimination on the basis of sex, including sexual orientation and gender identity,” shortly after taking office. The Education Department was given 100 days to submit policy charges under the ruling.
The warning is part of Education Secretary Miguel Cardona’s desire to “double down on our expectations,” according to the New York Times. The New York Times was the first to report on the new policy.
Cardona remarked, “This is very clarity about how we read it.” “We must ensure that all pupils in our schools are supported.”
The Department of Education’s Office of Civil Rights explained that its interpretation of Title IX is based on the landmark Supreme Court decision in Bostock v. Clayton County, which held that workplace discrimination on the basis of sex included sexual orientation and gender identity, a major victory for the LGBTQ community.
The Office of Civil Rights noted in their letter, “As multiple courts have recognized, a school’s policy or conduct that treat gay, lesbian, or transgender students differently from other students may cause harm.”
Trump’s Department of Education issued a memorandum in response to the in January, barely a week before he left office. This is a condensed version of the information.