The Biden administration’s actions finalizing revised Title IX regulations represent a victory for powerful teachers unions, which have fueled Democrats’ 2024 election campaigns.
On Friday morning, the Department of Education finalized sweeping new Title IX rules that it said will “strengthen vital protections” from sex-based harassment and prevent discrimination based on gender identity. The regulations dismantle Trump-era actions that bolstered protections, but also prescribed a strict grievance process that ensures the accused are treated as innocent until proven guilty.
The nation’s two largest teachers unions, the American Federation of Teachers and the National Education Association, have for months heavily advocated for the regulations to be finalized. During the current election cycle, the two unions have funneled millions of dollars to Democrat-aligned political action committees, but virtually nothing to Republicans, according to federal filings.
“Prior to the 2020 rule, there was progress on changing the culture of sexual violence on our education campuses, as well as improvements to student safety. But the Trump-DeVos rule quashed open discussion of sexual harassment and gender-based violence,” AFT President Randi Weingarten wrote in a comment letter supporting the Biden administration’s regulations.
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Weingarten added that the administration’s rules – which are set to go into effect in August – would “remove dangerous regulations put in place in 2020 and put us back on the path of honestly discussing the modern realities of equal access to education.”
In a separate comment letter, NEA President Rebecca Pringle similarly praised the regulations and urged the Department of Education to act expeditiously to finalize them.
“We commend the Department for this proposed rule, which restores crucial protections, creates uniform processes, and provides much-needed clarification and formalization of protections that further the broad mandate of Title IX to prohibit sex discrimination in education,” Pringle wrote to Education Secretary Miguel Cardona and Assistant Secretary Catherine Lhamon.
Pringle’s letter emphasized the importance of the regulations’ expansion of Title IX protections to include transgender students. She said they would protect a transgender student who is “discriminated against and shamed when told they cannot use the bathroom.”
According to NEA, the regulations would prohibit schools from excluding students from any educational activity because of transgender status; prohibit “misgendering” transgender students or teachers, force the use of a name selected by a transgender student or teacher, and require students to be allowed to use restrooms and locker rooms that align with their gender identity.
“The Department’s clarification of Title IX protections moves us closer to making our schools places where we are all free to thrive and support one another for who we are and where students across race, background, and gender have the freedom to learn without fear or intimidation,” Pringle continued.
In addition to the expanded protections for transgender students in schools under Title IX, the regulations would also undo sexual assault due process rules put in place by the Trump administration.
Colleges will no longer be required to hold live hearings to allow students to cross-examine one another through representatives. Instead, college officials will be able to interview students separately, allowing each student to suggest questions and get a recording of the responses.
In evaluating the parties’ evidence, a school must use the “preponderance of the evidence” standard of proof unless the school uses the clear-and-convincing evidence standard in all other comparable proceedings.
Department of Education officials first proposed the regulations in 2022, but have delayed finalizing them to review the tidal wave of more than 240,000 public comments. The Trump-era regulations were finalized by then-Education Secretary Betsy DeVos in May 2020.
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Civil liberties, students’ rights and conservative legal groups have called on the Biden administration to preserve the 2020 regulations.
AFT and NEA didn’t immediately respond to requests for comment.
Fox News’ Michael Dorgan contributed to this report.
