Biden admin. proposes sweeping changes to Title IX, which would also extend Title IX’s prohibition on discrimination based on sex to sexual orientation and gender identity, protecting transgender students.
Cementing discrimination against transgender students as a violation of Title IX has drawn in a host of new activist groups,over the past two years in a wave of battles within K-12 schools over race and gender.
The proposed regulation would not address who is allowed to join male or female athletic teams. A senior Education Department official said the department expects to propose separate rules regarding athletics, but the official could not say when. The existing regulation imposed by the Trump administration has been a “nightmare” for schools to adhere to, as well, said Jackie Wernz, an Illinois-based attorney who advises schools on civil rights laws and federal mandates. The requirements for misconduct investigations are overly prescriptive, she said, and they often conflict with state laws and union agreements.
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