By COLLIN BINKLEY (AP Education Writer)
Federal law will protect LGBTQ+ students and new safeguards for victims of campus sexual assault will be established under rules completed by the Biden administration on Friday.
The Education Department has issued a revised Title IX regulation as part of President Joe Biden's campaign promise to revoke rules set by former Education Secretary Betsy DeVos. created by former Education Secretary Betsy DeVos, who added new protections for students accused of sexual misconduct.
However, Biden’s policy does not mention transgender athletes.
The administration initially intended to introduce a new policy prohibiting schools from imposing outright bans on transgender athletes, but this provision was postponed. The postponement is widely viewed as a political maneuver in an election year, in which Republicans have banned transgender athletes in girls’ sports. Instead, Biden is officially reversing sexual assault rules introduced by his predecessor and current election-year opponent, former President Donald Trump. The final policy received plaudits from victims’ advocates, while Republicans argued that it undermines the rights of accused students. The new rule makes it clear that everyone can access schools that are safe, welcoming and respectful of their rights, rallied around “No one should face bullying or discrimination just because of who they are, who they love,” Education Secretary Miguel Cardona said. Biden’s regulation aims to elucidate schools’ obligations under
, the 1972 law that prohibits sex-based discrimination in education. It applies to institutions that receive federal funding, including colleges and elementary and high schools. The update will come into force in August.
One of the most significant changes is the new acknowledgment that Title IX protects LGBTQ+ students,
The 1972 law does not directly tackle the issue, but the new rules clarify that Title IX also prohibits discrimination based on sexual orientation or gender identity. LGBTQ+ students facing discrimination will be entitled to a response from their school under Title IX, and those failed by their schools can seek redress from the federal government.
Many Republicans argue that Congress never intended such protections under Title IX. Previously, a federal judge blocked Biden administration guidance to the same effect following challenges from 20 Republican-led states. Title IXchallenged the pol