Rep. Takano Leads House Democrats in Urging Biden Admin to Finalize Title IX Rule
Washington, D.C. –Today, Rep. Mark Takano, Co-Chair of the Congressional Equality Caucus (CEC), and Rep. Lois Frankel, Chair of the Democratic Women’s Caucus (DWC), led a letter with more than 60 of their House Democratic colleagues urging the Biden Administration to finalize the Title IX rules following a concerning delay.
“It is our understanding that these proposed rules were scheduled to be finalized last month, and we are concerned about the delay,” wrote the lawmakers. “For years, students across the country have lived under former President Donald Trump’s Title IX policies that weakened protections for sexual assault and harassment survivors and sowed confusion about the extent of students’ protections against sex discrimination, including discrimination on the basis of sexual orientation, gender identity, and sex characteristics.
“We appreciate the hard work put into updating the draconian Trump-era Title IX rule and other Title IX policies and know the Biden Administration shares our concern for student safety and wellbeing,” continued the lawmakers. “We request an updated timeline and urge you to dedicate all necessary resources to finalize these rules as soon as possible.”
The Title IX rules are critical to strengthening protections for K-12 and higher education students who experience sexual harassment and assault at school and helping protect students—including LGBTQI+ students—from discrimination based on sex (including sexual orientation, gender identity, and sex characteristics). The Biden Administration had previously announced the rules would be finalized by October 2023 but has not yet done so—leaving the Trump Administration DeVos rule still in place.
"As a former educator and Co-Chair of the Congressional Equality Caucus, I was thrilled to see the Biden Administration take strides to expand Title IX’s protections for LGBTQ+ students through their rulemaking. Following years of extreme rollbacks of Title IX’s enforcement and scope under the Trump Administration, these proposed rules are critical in codifying LGBTQ+ students’ rights to learn in a safe environment that nurtures, rather than isolates them," said Rep. Takano. "Right now, extremists in state governments and Congress are creating false moral panic, politicizing the existence of transgender children and seeking to weaponize legislation against our community. There is dire need for student protections in this climate, and it's urgent that the Administrations finalize this rulemaking as soon as possible."
“All students deserve to learn in an environment free from discrimination or sex or gender-based harassment. Biden’s proposed rules make clear that categorical bans on trans youth participating in sports are a violation of Title IX. And that the Department of Education will protect sexual assault survivors, will stand for inclusivity for trans and non-binary youth, will protect all of us from discrimination. We need this clarity,” said Rep. Becca Balint. “We cannot forget this is about really about dignity and our shared humanity Let’s get this across the finish line.”
“Every student deserves a safe and welcoming learning environment where they can focus on their education and thrive. Title IX's broad mandate ensures that schools are held accountable for this so that discrimination and harassment does not get in the way of education,” said Shiwali Patel, Director of Justice for Student Survivors at the National Women’s Law Center. “However, the Biden administration has yet to finalize its proposed Title IX rule, which would restore protections for student survivors, and clarify protections for LGBTQI+ students and pregnant and parenting students. This has caused frustration among students who have faced weakened protections over the past three years under a harmful Title IX rule created by the Trump administration in 2020. As we approach 2024, it's important for the Biden administration to fulfill its promise and ensure that all students feel safe and supported in school by finalizing a new Title IX rule.
The letter has been endorsed by: the National Women’s Law Center, Know Your IX, Advocates for Youth, End Rape on Campus, The National Alliance to End Sexual Violence, Equal Rights Advocates, Just Solutions, Legal Momentum, Human Rights Campaign, The Every Voice Coalition, Public Justice, It’s On Us, Sexual Violence Prevention Association, GLSEN, The National Center for Transgender Equality, and PFLAG.
Read the full letter HERE and below:
November 30, 2023
Dr. Miguel Cardona
Secretary of Education
Department of Education
400 Maryland Ave SW
Washington, DC 20202
Dear Secretary Cardona,
We are writing today to request an update on the progress of the Department of Education’s Notice of Proposed Rulemaking (NPRM), RIN 1870-AA16, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” published in the federal registrar on July 12, 2022 and RIN 1870-AA19, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria for Male and Female Athletic Teams,” published on April 13, 2023.
It is our understanding that these proposed rules were scheduled to be finalized last month, and we are concerned about the delay. For years, students across the country have lived under former President Donald Trump’s Title IX policies that weakened protections for sexual assault and harassment survivors and sowed confusion about the extent of students’ protections against sex discrimination, including discrimination on the basis of sexual orientation, gender identity, and sex characteristics.
We appreciate the hard work put into updating the draconian Trump-era Title IX rule and other Title IX policies and know the Biden Administration shares our concern for student safety and wellbeing. We request an updated timeline and urge you to dedicate all necessary resources to finalize these rules as soon as possible.
Sincerely,
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