Why is Title IX important? It prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government.
In the 1990s, the federal government made explicit that Title IX’s prohibition on sex discrimination covers sexual harassment, including sexual assault, because such misconduct impairs equal educational access. That tracked our evolving understanding of the various ways in which sex discrimination harms people, but it also set the stage for future controversy. In 2011, the Department of Education, along with the work of student activists, put a spotlight on sexual harassment and sexual assault, and colleges and universities were explicitly warned that if they did not investigate and adjudicate cases of sexual harassment or sexual assault appropriately, they may be violating Title IX, putting their federal funding at risk.
In April, the Biden administration released its long-awaited revision of Title IX. At the time, the U.S. Department of Education told school leaders to prepare to work under the new guidelines beginning Aug. 1.
Then came a surge of anger and legal filings. Republican attorneys general and far-right parent groups sued the Biden administration in a flurry of challenges, accusing the federal government of overstepping its authority. Parents from the anti-LGBTQ+ organization Moms for Liberty said the federal government was pushing parents out of the classroom and imposing “gender ideology” on their children.
Beginning Thursday, the federal law prohibiting sex discrimination in schools will apply differently depending on where you live and attend school.
The Trump-era Title IX regulations, which made it tougher for students and school staff to prove allegations of sex-based misconduct, will remain in effect in more than two dozen states – Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming – where litigants posed challenges.
Check out our latest LM in Action Newsletter⭐! This issue discusses recent threats to Title IX.
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Ozobulu Solumtochukwu Precious is a Senior Legal and Program Officer at Lawyers Alert. With over 8 years of experience in human rights activism, she has advocated for the rights of vulnerable groups, particularly women and girls. Solumtochukwu has provided pro bono legal services to over 100 survivors of gender-based violence and has worked to domesticate the Benue State Violence Against Persons Prohibition Law . She has also built the capacity of over 5,000 beneficiaries on gender equality and human rights. Her dedication to creating a safe space for women and girls has earned her recognition as a 2020 UN Women Nigeria young aspiring leader and a 2021 Sakharov Fellowship for human rights defenders.