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Respect Students

On August 1, 2024, the Biden administration’s new Title IX rule went into effect. The new rule strengthens protections against sex-based harassment and clarifies protections on discrimination based on LGBTQI+ status and pregnant and parenting status. However, there are 9 lawsuits challenging the new rule, with temporary blocks on the rule in 26 states and hundreds of schools.

  • For a short and quick read, check out our blog, which also explains what you should do if there is a court-ordered injunction against the rule in your state or school.
  • For a medium-length summary, check out our fact sheet and chart comparing the Biden rule to the previous Title IX rules.
  • For a long and detailed explanation, read this explainer, which offers comprehensive analysis of each major rule provision.
  • See this fact sheet on the rule and the impact of injunctions against the rue in your state or school.

Students, advocates, and states are fighting back against these hostile lawsuits that seek to permanently block the Biden rule!

 

During 2023, the Biden administration has repeatedly delayed the release of the final Title IX rule. At each delay, NWLC and our partners led a series of sign-on letters urging the administration to prioritize students’ needs and their right to a safe, welcoming, and fair education by acting with urgency to finalize the Title IX rule:

  • In January 2023, the Department of Education announced that it would release a final, consolidated Title IX rule in May 2023. In April 2023, as part of Sexual Assault Awareness Month, 124 gender justice and survivor advocacy organizations urged the administration to keep to its promised deadline.
  • In May 2023, the Department of Education announced that the final rule would be delayed until October 2023. In response, 75 gender justice, survivor advocacy, and civil rights organizations urged the administration to finalize a new rule before the 2023-2024 school year—or at the very least, ensure a new rule is in effect by January 2024.
  • At the end of October 2023, the Department still had not yet transmitted the final Title IX rule to the Office of Management and Budget for its required review, which can take up to 90 days. Students are suffering their fourth year under the Trump Title IX rule. In response, 127 gender justice, survivor advocacy, and civil rights organizations urged the administration to finalize a new rule immediately.

 

In September 2022, students, families, educators, advocates, and policymakers submitted hundreds of thousands of comments in response to the Department of Education’s proposed Title IX rules regarding sex discrimination in schools. The proposed rules are a step in the right direction, as they would undo many of the harmful changes regarding sexual harassment made by the Trump administration and would clarify protections for LGBTQI+ students and pregnant and parenting students. But the Department should go further in protecting students’ civil rights. To learn more about our Title IX recommendations to the Department of Education, read these comments and letters that NWLC led or coordinated:

*** Biden Administration’s Proposed Title IX Rules Update *** In June 2022, the Biden administration’s Department of Education proposed new Title IX rules on sex-based harassment and other sex discrimination, which would undo many of the harmful rules put in place in 2020 by the Trump administration (“2020 rules”). The Biden administration’s proposed Title IX rules are consistent with Title IX’s broad mandate to prohibit sex discrimination in education, would restore and enhance many of Title IX’s protections against sex-based harassment and other sex discrimination, and would formalize greater protections against discrimination for LGBTQI+ students and for pregnant and parenting students. Read this detailed explainer to learn about the Biden administration’s proposed changes to the Title IX rules.

*** Title IX 50th Anniversary Update *** In June 1972, Congress passed a federal civil rights law, Title IX, to prohibit sex discrimination in schools that receive federal funding. In commemoration of the 50th anniversary of Title IX, NWLC and our partners in the National Coalition for Women and Girls in Education present Title IX at 50, a report that celebrates the significant progress made toward ending sex discrimination in schools while recognizing that much work remains to be done.

Click here to read the Full Report, Executive Summary, and Introduction.

 

*** Title IX Rule Update *** Last year, we sued former Education Secretary Betsy DeVos in order to stop changes to Title IX rules that would encourage and even require schools to be complicit in sexual harassment and violence. Here is the update on our lawsuit, wherein the judge recently vacated one provision of the rule. Now we’re urging the Biden-Harris administration to restore Title IX protections and make schools safer for all students. Title IX is here for everyone’s safety.

In fall 2021, the Department of Education has announced it does not plan to propose a new Title IX rule until May 2022. Read this September 2021 letter from 116 Survivor Advocate Organizations, Civil Rights Organizations, and Education Associations Urging the Department of Education to Take Swift Action on the Title IX Rule.

In June 2021, the Department of Education heard directly from students, educators, and other stakeholders in a week-long Public Hearing on how to restore and strengthen civil rights protections under Title IX. Read the collective statement from NWLC and student survivors following the aftermath of the hearings. And read these comments from a wide range of stakeholders on what the Department of Education should do to restore and strengthen Title IX:

#HandsOffIX Video – Share this video on why we MUST protect survivors, students, and PROTECT TITLE IX:

  • Schools still have Title IX duties: Check out the 100 School Districts: Student Toolkit to learn about what sexual harassment is, what your current Title IX rights are, and how you can fight for better sexual harassment policies at your school. (Note: The 100 School Districts Report and Student Toolkit can also be helpful for students in higher education!)
    For students with disabilities, schools also have to provide reasonable accommodations and comply with other laws.
  • Schools can create better policies: The 100 School Districts Report and Student Toolkit explain how schools can adopt comprehensive policies to prevent and address sexual harassment, and how students can push their schools to adopt these policies. NWLC’s resources on dress codes, privacy, and mandatory police referrals can also help schools create better sexual harassment policies.
  • Students can talk to a lawyer: Students who want to talk to a lawyer about a school Title IX investigation or a potential Title IX lawsuit can reach out to NWLC’s Legal Network for Gender Equity.
  • Advocates are fighting the Trump rule: The Trump Title IX rule is harmful to student survivors. However, many advocates, including NWLC, are fighting in the courts to block the Trump rule, and President Biden has also announced his plans to review the Title IX rule. In the meantime, read this blog post and fact sheet to learn more about the Trump Title IX rule.

Visit our legal assistance page if you need legal help.

Find out information about our Legal Network for Gender Equity.