On Thursday, June 23rd, the Biden administration proposed changes to Title IX regulations that would ban discrimination against transgender students at schools, colleges, and universities, as reported by The Washington Post.
Title IX was first signed into law in 1972 by President Nixon. According to NCAA, the law states: “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.”
Both public and private education institutions receiving federal funds are held accountable to uphold Title IX. According to The Washington Post, back in 1972, this law allowed for a “golden age for women’s sports.” Although it got much attention for changing the face of athletics, this law also applies to all aspects of education including “course offerings…counseling materials, financial assistance, [and] student health and insurance benefits.”
Now, with the Biden administration’s proposal, the law would be amended to include transgender students. According to The New York Times, this would mean that schools would allow transgender students to use bathrooms corresponding to their gender identity, ban bullying based on gender identity, and require the use of preferred pronouns.
The proposal would also change the way sexual harassment cases are handled at schools. As explained in The Washington Post, due-process protection was bolstered under the Trump administration in 2020, establishing a requirement for live hearings to “adjudicate” complaints, during which the accused can cross-examine the victim. Under Biden, the proposal will eliminate the requirement for live hearings, allowing schools to use them if necessary. In contrast to the previous amendments, the Biden proposal will maintain the Trump administration’s regulation of allowing schools to resolve sex discrimination complaints informally.