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On April 6, 2021, the U.S. Department of Education’s Office for Civil Rights (OCR) announced plans to begin a comprehensive review of its regulations implementing Title IX of the Education Amendments of 1972, in response to President Joe Biden’s executive order of March 8, 2021, “Executive Order on Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity” (Executive Order 14021). According to the order, “all students should be guaranteed an educational environment free from discrimination on the basis of sex,” including discrimination based on sexual orientation or gender identity. The executive order requires the Department of Education to “review all existing regulations, orders, guidance documents, policies, and any other similar agency actions,” including the final Title IX campus sexual assault regulations, which were released
12 Apr 2021
The Biden Department of Education has denied a request by a feminist organization to affirm that Title IX regulations will be enforced based on a definition of “sex” as male/female biological sex, and not what individuals believe to be their sex, or, gender identity.
In February, Women’s Liberation Front (WoLF) petitioned the education department’s Office for Civil Rights (OCR), requesting that, in amendments to regulations implementing Title IX, “sex” be defined as biological sex and that single-sex spaces, such as those concerning women’s sports teams, be maintained.
The Department of Education responded on Wednesday to WoLF’s petition for rulemaking, declining the request to affirm that Title IX will be enforced on the basis of sex but outlining next steps and inviting public participation.https://t.co/jVx8JnmPNH
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On April 6, the Department of Education s Office for Civil
Rights (OCR) issued a new letter to students, educators, and
stakeholders indicating the process that the Biden Administration
will be undertaking on the issues surrounding the Title IX
regulations. While light on details, the letter does provide a
roadmap for OCR s next steps and what colleges and universities
can expect in the Title IX regulatory arena in the near
future.
At a minimum, OCR s letter is intended to provide
information about the steps the Department is taking to carry out
Federal agencies implementing and enforcing Title IX will prohibit discrimination against LGBTQ+ individuals.
The DOJ does not prescribe any particular outcome with regard to enforcement actions, and each Title IX claim will turn on its own unique set of facts.
The DOE will solicit the public’s input on issues of sexual harassment in school environments, including discrimination based on sexual orientation and gender identity.
The Bottom Line
The DOJ has notified Federal Agency Civil Rights Directors and General Counsels that anti-LGBTQ+ discrimination falls within the scope of Title IX’s protections. Federally funded schools, colleges, and universities should review their own anti-discrimination policies and programs and update them accordingly. Educational institutions should also be on the lookout for announcements posted on the OCR’s
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On April 6, 2021, the U.S. Department of Education’s (the “Department”) Office for Civil Rights (“OCR”) provided a roadmap for carrying out President Biden’s recent
Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity.
[1] In a letter to students, educators, and other stakeholders,
[2] OCR explained that it will engage in a comprehensive review of the Department’s existing regulations, orders, guidance, policies, and other similar agency actions including, most notably, the Department’s Title IX regulations that took effect on August 14, 2020, titled “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance” (the “2020 Amendments”). Vitally important for all education programs and activities that receive federal funding, the letter provides a