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!
- NWLC has filed amicus briefs advocating for the rights of trans and nonbinary students to access sex separate spaces, like restrooms and locker rooms, consistent with their gender identity with the Fifth Circuit, Sixth Circuit, Tenth Circuit, and a federal district court in Missouri.
- Our partners have also filed amicus briefs about the Biden rule’s critical protections for pregnant and parenting students, the Biden rule’s consistency with the First Amendment and the Supreme Court’s Bostock decision, and 20 states’ strong support for 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:
- Recommendations on the full Title IX rules
- NWLC’s Comment
- Advocates’ Sign-On Comment (led by NWLC) on behalf of 189 survivor advocate, gender justice, and other civil rights organizations
- Individuals’ Sign-On Comment on behalf of 8,000+ members of the public
- State Legislators’ Sign-On Comment on behalf of 62 state legislators
- Recommendations on LGBTQI+ students’ rights:
- Advocates’ Sign-On Comment (led by GLSEN; co-led by NWLC) on behalf of 250+ education, civil rights, and youth-serving organizations
- Advocates’ Sign-On Letter to President Biden (co-led by NWLC) on transgender inclusion in athletics on behalf of 50 women’s rights and gender justice organizations
- Recommendations on pregnant and parenting students’ rights:
- Advocates’ Sign-On Comment (co-led by NWLC) on behalf of 27 organizations
- Students’ Sign-On Comment on behalf of 75 current and former pregnant and parenting students