The Biden administration has finalized revised Title IX regulations that aim to strengthen protections against sex-based harassment and discrimination based on gender identity. These 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 (AFT) and the National Education Association (NEA), have heavily advocated for the regulations to be finalized. The unions have also funneled millions of dollars to Democrat-aligned political action committees during the current election cycle.
AFT President Randi Weingarten stated that the Biden administration’s rules would remove dangerous regulations put in place in 2020 and put the education system back on the path of honestly discussing equal access to education. NEA President Rebecca Pringle praised the regulations for restoring crucial protections, creating uniform processes, and expanding Title IX protections to include transgender students. The regulations would prohibit schools from excluding transgender students from any educational activity, misgendering them, or forcing them to use a name not of their choosing. It would also require schools to allow students to use facilities that align with their gender identity.
In addition to the expanded protections for transgender students under Title IX, the regulations would also undo sexual assault due process rules implemented by the Trump administration. Colleges will no longer be required to hold live hearings for cross-examination, and instead, students will be interviewed separately with the ability to suggest questions and receive recordings of responses. A school must use the “preponderance of the evidence” standard of proof when evaluating evidence unless they use the clear and convincing evidence standard in all other comparable proceedings. The Department of Education first proposed these regulations in 2022 but delayed finalization to review over 240,000 public comments.
Civil liberties, students’ rights, and conservative legal groups have called on the Biden administration to preserve the 2020 regulations, which were finalized by then-Education Secretary Betsy DeVos. The actions taken by the Biden administration represent a victory for powerful teachers unions that have supported Democrats’ 2024 election campaigns. The regulations are set to go into effect in August and have been praised for promoting a more inclusive and safe environment for all students, regardless of gender identity. The regulations have received positive feedback from the AFT and NEA, although they have not immediately responded to requests for comment on the finalized regulations.
