DOE to hold public hearings on Trump-Era Title IX rules and protections for LGBTQ + people in schools – Consumer protection

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United States: DOE to hold public hearings on Trump-Era Title IX rules and protections for LGBTQ + people in schools

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summary

The Department of Education (DOE) will hold five days of virtual public hearings on the application of Title IX starting June 7. This is part of the DOE’s comprehensive review of its Title IX regulations under the Biden administration’s March 8 decree on Ensure an educational environment free from discrimination based on sex, including sexual orientation or gender identity, which we have already covered here.

The result

  • Educational institutions and other stakeholders should consider participating in future hearings.
  • Upcoming hearings signal that the DOE intends to make swift changes in its application of Title IX, and institutions should keep an eye on DOE guidance and regulatory changes.

The bottom line

Upcoming public hearings will focus on 1) Trump-era amendments to Title IX regulations regarding sexual harassment and 2) discrimination against individuals on the basis of sexual orientation and gender identity.

The Civil Rights Division of the United States Department of Justice (DOJ) previously informed directors of civil rights and attorneys general of federal agencies that anti-LGBTQ + discrimination falls under Title IX protections. Federally funded schools, colleges and universities should review their own anti-discrimination policies and programs and update them accordingly if they have not already done so. Educational institutions should consider participating in upcoming public hearings and also be on the lookout for announcements posted on the Press room section of the DOE website for future notices of proposed regulatory changes.

Lawyers in Ballard Spahr’s Education Industry Group advise schools and universities on a wide range of education law issues, including Title IX compliance.

From June 7 until June 11, the Department of Education (DOE) will hold five days of virtual public hearings on Title IX regulations in general, with particular emphasis on 1) harassment regulations sexuality, including the Trump-era amendments to Title IX regulations (the Trump-era rules) and 2) discrimination against individuals on the basis of sexual orientation or gender identity in educational environments. These hearings come after President Biden’s March 8 decree (the executive order) requiring the DOE to revise its Title IX regulations.

The ordinance (which we summarized earlier) required the DOE, through Education Secretary Miguel Cardona, in consultation with the Attorney General, to review its existing regulations and other guidelines that might be inconsistent with the stated policy of the Biden administration that “all students should be guaranteed an educational environment free from discrimination based on sex, including discrimination in the form of sexual harassment, which encompasses sexual violence, and including discrimination on the basis of sex on sexual orientation or gender identity. The ordinance mandated a specific review of the Trump-era rules titled “Non-discrimination on the basis of gender in education programs or activities receiving federal funding,” 85 Fed. Reg. 30026 (May 19, 2020). He orders Secretary Cardona to issue new guidelines as needed to implement the ordinance “as soon as possible” and to suspend, revise, cancel – or publish for notice and comment on any proposed rules that suspend, revise or cancel – them. agency actions that are inconsistent with the stated purpose of the Order. The Trump-era rules (which we covered in detail) reduced the behavior that constitutes harassment under Title IX, granted more due process rights to those accused of harassment, and decreased the likelihood that institutions would education are held responsible for sexual harassment.

After the order, the Civil Rights Division of the United States Department of Justice (DOJ) issued a three-page memorandum (which we described earlier) confirming that Title IX’s ban on sex discrimination includes the discrimination against individuals on the basis of sexual orientation or gender. identity in the school environment.

DOE public hearings provide the DOE with an opportunity to hear from stakeholders as it revises its bylaws and considers necessary changes in accordance with the ordinance. While the DOE considers changes to Title IX regulations, the Trump-era rules remain in effect.

Individuals or institutions can comment live during public hearings by register here, or submit written comments by email. Written comments should be submitted to [email protected] by 5 p.m. EDT. June 11. Instructions for submitting comments can be found on the public hearing announcement. Ballard Spahr’s Education Industry Group is available to write public comments on behalf of schools and universities interested in sharing their views on Title IX.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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