Here are LGBTQ+ students’ new federal protections starting August 1st

Title IX, part of the Education Amendments of 1972, aims to prevent sex discrimination in federally funded education programs. The 2024 Final Rule implemented by the Biden administration strengthens protections for all students, including LGBTQ+ individuals, ensuring a discrimination-free educational environment.

LGBTQ+ students’ new protections:

These regulations are effective from August 1, 2024:

Protection from Sex-Based Harassment:

The regulations provide robust protections against all forms of sex-based harassment, including harassment based on sexual orientation, gender identity, and sex characteristics.

Schools must act promptly and effectively to end sex discrimination and prevent its recurrence.

Obligations of Schools:

Schools are required to train employees about their responsibilities to address sex discrimination.

Title IX Coordinators, investigators, and decisionmakers must be unbiased and well-trained.

Supportive Measures:

Schools must offer supportive measures to both complainants and respondents. These measures aim to preserve or restore access to education without being punitive.

Supportive measures can include counseling, academic accommodations, and more.

Fair and Transparent Processes:

Schools must ensure a fair process for investigating and resolving sex discrimination complaints.

This includes adequate notice to involved parties and the opportunity for all parties to present relevant evidence.

Protections Against Retaliation:

Schools must protect students from retaliation related to Title IX complaints, whether from peers or staff.

Communication of Nondiscrimination Policies:

Schools are required to clearly communicate their nondiscrimination policies and procedures to students, employees, and applicants.

Privacy Protections:

Schools are prohibited from disclosing personal information obtained through Title IX processes, with limited exceptions such as written consent.

Special Considerations for LGBTQ+ Students:

The regulations prohibit discrimination based on sexual orientation, gender identity, and sex characteristics.

Schools cannot prevent students from participating in activities consistent with their gender identity, ensuring fair access to educational opportunities.

Pregnancy and Related Conditions:

Protections extend to students, employees, and applicants against discrimination based on pregnancy, childbirth, and related conditions.

Schools must provide reasonable modifications and lactation accommodations.

Rights of Parents and Guardians:

The regulations support the rights of parents and guardians to act on behalf of their minor children in Title IX matters.

Schools will receive technical assistance and additional resources to ensure compliance.

Additional Resources:

For more details, visit the Department of Education’s website to access the full text of the final regulations, summaries, and resources for drafting nondiscrimination policies and procedures.

Remember: If you experience discrimination or harassment, report it to your school’s Title IX Coordinator. You have the right to an educational environment free from discrimination.

Secular AZ is a 501(c)3 nonprofit working to protect Arizonans from religious-based discrimination. If you feel you have been discriminated against because of some else’s religious beliefs, contact us for support standing up for your rights. Read more about your rights here.

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