The Department of Education has issued a final rule under Title IX, the landmark amendment that has prohibited sex discrimination in federal programs since 1972.
The new rules prohibit discrimination based on gender in educational programs and activities that receive federal financial aid.
“These regulations make clear that everyone should have access to schools where they are safe, welcome and respect their rights,” Education Secretary Miguel Cardona said during a briefing on the new rules on Tuesday. “They make clear that Title IX’s prohibition on sex discrimination includes all forms of sex discrimination.”
She said no one should have to give up going to school because of pregnancy, or having to give up on being bullied because of themselves or a loved one.
The new rules, which will take effect from August 1, will more clearly define harassment and discrimination based on gender, including gender stereotypes, sexual orientation, gender identity and sexual characteristics.
The new regulations require schools to take immediate action to prevent sex discrimination and eliminate sex discrimination in their activities and programs. According to a White House fact sheet, when a school receives a complaint of sex discrimination, the rule requires it to respond through “a fair, transparent, and trustworthy process that includes trained and unbiased decision makers.” is required.
The rule also supports parents and guardians in acting on behalf of their school-age children and protects student privacy by prohibiting schools from disclosing personally identifiable information.
In determining the final rules, the Department of Education proposed amendments to the competition rules in April 2023 and considered the 150,000 public comments received in response.