Title IX – What you need to know about the Biden administration’s rewrite of Title IX

What is Title IX?

Title IX is a federal civil rights law passed in 1972 that prohibits schools that receive federal funds from discriminating on the basis of sex. The law contains 37 words: 

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

Why is Title IX in the news now?

On April 19, 2024, the U.S. Department of Education released its much anticipated Title IX regulations, which broaden the definition of sex discrimination to include gender identity and flip the 50-year-old federal law on its head. Under the revisions, anyone can self-identify into single sex spaces (bathrooms, locker rooms) and single-sex activities by claiming to be the opposite sex. The new rules also suppress and compel speech and roll back due process protections. 

The proposed changes are set to take effect August 1, 2024, but that timeline will likely change as the Biden administration responds to lawsuits. Parents Defending Education has filed a joint lawsuit with the Independent Women’s Law Center, Independent Women’s Network, and Speech First, as well as the states of Alabama, Florida, Georgia, and South Carolina.

Safety and fairness will be deeply compromised in K-12 schools if these changes are allowed to stand. 

What do these changes mean for Title IX?

For K-12 schools, these changes WILL:

  • Allow biological males to participate in girls-only school activities.
  • Make bathrooms, locker rooms, and overnight field trip housing available based solely on “gender identity,” not on someone’s biological sex.
  • Apply sex discrimination and harassment rules to students and teachers who “misgender” another student or teacher. This means that if someone refers to someone by their biological sex (instead of their gender identity) or doesn’t use the person’s “preferred pronouns,” they will be punished for sexual harassment.
  • Completely strip away due process protections for students accused of sexual misconduct.

For K-12 athletics, these changes WILL:

  • Allow biological males to participate in girls-only sports.
  • Require schools to construct new accommodations for transgender students and develop new protections for the privacy, safety, and fairness of existing female student athletes. 
  • Put biological females at a higher risk for physical injury. 
  • Infringe on parental rights to oversee their child’s safety and well-being at school-sponsored events
  • Eliminate privacy and safety in sex-separated spaces (such as locker rooms, restrooms, and athletic-medical rooms).

How is Title IX administered?

Schools are required to address sex discrimination—including conduct that interferes with an individual’s equal access to educational opportunities. A school’s failure to address or respond to discrimination can jeopardize its federal funding. With gender identity added to the definition of sex, disallowing a man from using the girls’ bathroom would be considered discrimination under the revised law.

How is Title IX enforced?

The U.S. Department of Education’s Office for Civil Rights (OCR) writes Title IX guidelines and regulations for schools to follow, investigates complaints, and determines whether schools are in compliance with Title IX. According to OCR, any “unwelcome” sex-based incident, including sexual harassment, even those perpetrated by non-students/staff or occurring off-campus, may be deemed Title IX violations if the conduct impacts the school’s educational environment. According to OCR, any “unwelcome” sexual incident including sexual harassment, even those perpetrated by non-students/staff or occurring off-campus, may be deemed Title IX violations if education attainment is shown to be affected.