The U.S. Department of Education received hundreds of thousands of comments related to the proposed overhaul of Title IX’s sex discrimination rules, citing efforts to explicitly protect LGTBQ students from other controversial prejudices. revealed a divisive nature.
Department of Education Releases Proposed Changes to Title IX rule in juneIt makes headlines for its decision to broaden the definition of gender-based harassment and discrimination to include gender identity and sexual orientation. The proposed rule received 235,816 comments by the Sept. 12 deadline, according to regulation.gov, a website that allows the public to comment on the policy.
The proposed rule would also provide new protections for pregnant and parenting students, expand the strict definition of sexual harassment implemented by former U.S. Secretary of Education Betsy DeVos, and ban sexual harassment, assault , and overturned Trump-era policies regarding the process of responding to sexism.
As written, the department’s proposed rule would prohibit schools from excluding students from educational activities and programs based on sexual orientation and gender identity. It does not say whether IX guarantees the right of transgender students to participate in sports consistent with their gender identity.
Flashlight for LGBTQ rights in the regulatory process
LGBTQ advocates say the proposal is a defining moment for LGBTQ students, as many of them, especially transgender and non-binary students, find themselves at the crosshairs of political debates over identity. said to have shown
Over the past two years, state and local legislators have debated the rights of LGBTQ students, passed laws banning transgender students from playing on sports teams that match their gender identity, and encouraged teachers to use student pronouns and choices. Disallowed the use of named names in classes. Ban books related to LGBTQ issues and limit discussion of gender and sexuality in the classroom.
Public comments reflect cultural divisions
Comments on the proposed rule reflect the divisive nature of LGBTQ student rights in schools.
Many of the comments were identical to each other and were written by groups such as the anti-LGBTQ nonprofits American Family Association and Family Policy Alliance.Rules destroying girls’ privacy in the locker room. ”
“For 50 years, Title IX has provided women with important protections and opportunities by prohibiting discrimination based on gender,” said one commenter. “While parents across the country are calling for the rejection of ‘wake-up’ policies, the Ministry of Education has instead sought to force gender ideologies on children without the knowledge or approval of parents. has chosen to hijack Title IX.”
Some expressed concern that the proposed rule would affect women’s sport. However, the timeline for the proposed rulemaking on that issue is unclear, and the proposed rule clearly states: “Eligibility to participate in a specific men’s or women’s track and field team.”
“This proposed rule has a huge impact on me as a woman,” said one commenter. It puts biological women at risk of losing sports scholarships and opportunities to play.”
The proposed rule also received thousands of comments from people who advocate for the protection of LGBTQ students. One self-identified transgender person wrote that the rule “hopefully prevents traumatic abuse of our children in the future.”
“As children, we wanted the opportunity to learn anything from school and be respected just like any other student.
Other commenters called on the education sector to make it easier for people experiencing sexism or harassment to report it to schools.
One commenter said, “As a former student who relied on Title IX protections for my own gender identity as a transgender individual, I believe this is an important step to protect students and others. Commenters described LGBTQ students at school facing discrimination from teachers and staff.
“When we reported the incident, nothing was taken seriously and we received backlash from those who were supposed to be there to teach us, not to suppress who we are. “If there had been serious follow-up, I would have felt supported and my mental health would not have been compromised. I worry about students who feel vulnerable.”
Other commenters have written in support of the proposed protections for pregnant and parenting students and employees. This rule obliges schools to provide breaks and hygiene spaces for nursing mothers. Also, clarify that the school cannot discriminate against those who have a pregnancy-related condition, such as those who have sought or received an abortion, or who are recovering from an abortion.
“They should not be treated differently because they are pregnant or raising children, and these students deserve reasonable accommodations to help them raise their children and succeed academically.” said one commenter.
Leading Organizations Participate
Public comment also provided a forum for national advocacy groups and policy groups to consider the proposed rule.
The National Center for Women’s Law, a policy center devoted to women and gender issues, said that the Ministry of Education should “not single out transgender or intersex girls and young women, but access to full education includes access to school sports.” Regulations confirming that the
But the Alliance to Defend Freedoms, a conservative legal group, wrote that the proposed rule “undermines the rights of parents and puts children at risk of long-term harm.”
Now that the public comment period has ended, the Education department will begin reviewing comments and making final changes. The department has not indicated a timeline for when the final rule will take effect.
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