WASHINGTON (CN) — The U.S. Department of Education has finalized new regulations barring discrimination against transgender students and discarding Trump-era policies on sexual assault investigations.
But the Biden administration is sidestepping the issue of transgender athletes, choosing not to address the topic in an election year.
Officials on Friday announced the administration’s interpretation of Title IX, which bars discrimination on the basis of sex at federally funded schools. The announcement affirms the White House’s stance that sex discrimination includes discrimination based on gender identity and sexual orientation.
“For more than 50 years, Title IX has promised an equal opportunity to learn and thrive in our nation's schools free from sex discrimination,” Education Secretary Miguel Cardona said in a press release. “These final regulations build on the legacy of Title IX by clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights.”
The administration had planned to tackle the issue of transgender athletes as part of its review of Title IX. The topic has become a major point in the culture wars and, ahead of the midterm elections, officials separated that specific issue from the overall review of the law.
Last year, the Department of Education proposed a regulation that would allow schools to bar transgender athletes from some competitive sports. But with the election looming, that regulation has been put on the shelf for now.
The final regulation also reverses many changes instituted in the Trump administration to the process for handling sexual assault complaints.
Those 2020 rules sought to bolster the rights of people accused of assault by requiring colleges to hold live hearings where the accused could cross-examine witnesses. The Biden administration rule would allow an investigator to question witnesses in separate meetings.
The proposal also strengthened the definition of sexual harassment, which Trump administration officials required to be severe and pervasive conduct. The regulation announced Friday defines it as “severe or pervasive.”
“These final regulations clarify Title IX’s requirement that schools promptly and effectively address all forms of sex discrimination,” said Catherine Lhamon, the assistant education secretary for civil rights. “We look forward to working with schools, students, and families to prevent and eliminate sex discrimination.”
The new regulations will take effect on Aug. 1.
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