The Department of Education issued a final rule under the landmark Title IX Amendment that has prohibited sex-based discrimination in federal programs since 1972.
The new rule prohibits discrimination on the basis of sex in education programs and activities that receive federal financial assistance.
“These regulations make crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said Tuesday during a briefing on the new rule. “They clarify that Title IX’s prohibition of sex discrimination includes all forms of sex discrimination.”
He said no one should have to give up going to school because they are pregnant or being bullied because of who they are or who they love.
Effective August 1, the new rule more clearly defines sex-based harassment and discrimination to include sex stereotypes, sexual orientation, gender identity and sex characteristics.
The new regulations require schools to prevent sex discrimination and to take prompt action to end it in their activities and programs. If a school receives a complaint of sex discrimination, the rule requires they respond with a “fair, transparent and reliable process that includes trained, unbiased decisionmakers,” according to a White House fact sheet.
The rule also supports parents and guardians in acting on behalf of their school-age children and protects students’ privacy by stopping schools from disclosing personally identifiable information.
In determining its final rule, The Department of Education proposed amendments to athletic regulations in April 2023 and considered 150,000 public comments it received in response.