The Biden administration has moved beyond rolling back Trump’s weakening of Title IX sex discrimination protections in schools. President Biden strengthens protections.
Section Miguel Cardona, Director of Education, told PoliticusUSA during a call with reporters: “These rules make it crystal clear that everyone can access safe, welcoming, rights-respecting schools. Clarifies that Title IX’s prohibition on sex discrimination includes all forms of sex discrimination, no one should have to give up their dreams of attending or finishing school because they are pregnant. No one should face bullying or discrimination just for the person they love. Unfortunately, this happens too often. These regulations promote accountability by requiring schools to take swift action in response to sexual discrimination. Finally, the final regulations reaffirm our commitment to fundamental fairness for all parties exercising their rights, because a fair process will help ensure that investigations lead to accurate, reliable and effective resolutions of sex discrimination complaints.”
What do the new Title IX regulations do?
According to a press release from the Department of Education, the new Title IX regulations:
– Protect from all harassment and discrimination based on sex. The final rule protects all students and employees from any sex discrimination prohibited by Title IX, including by restoring and strengthening full protections 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 law protects against discrimination based on sexual stereotypes, sexual orientation, gender identity and sexual characteristics.
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– Promote accountability and fairness. The final rule promotes accountability by requiring schools to take timely and effective action to end any sex discrimination in their educational programs or activities, prevent its recurrence, and remedy its effects. The final rule requires schools to promptly respond to all complaints of sex discrimination with a fair, transparent, and accountable process that includes trained and impartial decision makers to evaluate all relevant and not otherwise inadmissible evidence.
– Empower and support students and families. The final rule protects against retaliation for students, employees, and others who exercise their Title IX rights. The rule requires schools to communicate their anti-discrimination policies and procedures to all students, employees and other participants in their educational programs so that students and families understand their rights. The law supports the right of parents and guardians to act on behalf of their elementary and secondary school children. And the rule protects student privacy by prohibiting schools from disclosing personally identifiable information with limited exceptions.
President Biden went beyond Trump’s dismantling of Title IX protections, which included making it easier for schools and colleges to sweep sexual violence under the rug and weakening protections for those who have been sexually discriminated against at any school that receives federal funding. Biden also expanded Title IX protections to include gender and sexual orientation.
Administrative actions can be reversed by the next administration, so the changes to Title IX raise the question for voters: What kind of society do they want to live in?
A return of Trump to the White House will mean that the strengthened and expanded protections of Title IX will vanish.
The American people have a choice. Do they want an education system that protects opportunity and equality for the majority of the population, or do they want to return to an era where the nation’s educational institutions are unsafe havens for discrimination and sexual violence?
The Biden administration is on the right track when it comes to expanding freedom and opportunity, and the changes to Title IX show the kind of bright future the United States is capable of with the right leadership.
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