On April 19, the U.S. Department of Education issued strong and comprehensive protections against discrimination in school through final Title IX rules. The new regulations clarify that student survivors of sexual harassment, pregnant and parenting students, and LGBTQ+ students have equal educational opportunities free from sex discrimination.
The rules make significant changes to how schools respond to sexual harassment and discrimination claims, including:
- Eliminating the requirement for live hearings with cross examination
- Requiring schools to inform students of their Title IX rights and how to access them after being informed a student is pregnant
- Emphasis on supportive measures and training for school personnel
The new rules take effect August 1, 2024. A separate rule clarifying Title IX’s protections for transgender, nonbinary, and intersex student athletes is not expected until later this year. AAUW joined a gender justice coalition letter in support of the athletics rule.
There are already several legal challenges to the new regulations. The attorneys general of Louisiana, Mississippi, Montana and Idaho filed a lawsuit in district court along with the Defense of Freedom Institute (a group founded by former Trump Education Department officials who were key in crafting former Secretary Betsy DeVos’ Title IX rule on campus sexual misconduct). Texas has filed a separate lawsuit. Several states, including Louisiana, Montana, Florida, South Carolina, and Oklahoma, have said they will not comply with the new rule.