Dept. of Ed seeking comments for rule barring anti-LGBTQ discrimination in schools

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The U.S. Department of Education is seeking comment on a rule that would bar schools from discriminating on the basis of sex, including against LGBTQ students.

According to the Federal Register, the department proposes that the current Title IX regulations should be amended to provide greater clarity regarding the scope of sex discrimination, including recipients’ obligations not to discriminate based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

The rule would also require schools that accept Title IX money to:

  • Define sex-based harassment to include but not be limited to sexual harassment;
  • Provide and clarify, as appropriate, definitions of various terms related to a recipient’s obligations to address sex discrimination, including sex-based harassment;
  • Clarify how a school is required to take action to end any sex discrimination that has occurred in its education program or activity
  • Clarify obligations for grievance procedures when it receives a complaint of sex discrimination.
  • Define the term “pregnancy or related conditions” and the term “parental status,” and prohibit discrimination against students and applicants for admission or employment on the basis of current, potential, or past pregnancy or related conditions
  • Clarify a recipient’s obligations to students and employees who are pregnant or experiencing related conditions.
  • Articulate the Department’s understanding that sex discrimination includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity;
  • Clarify and streamline administrative requirements with respect to designating a Title IX Coordinator, disseminating a nondiscrimination notice, adopting grievance procedures, and recordkeeping;
  • Specify that a recipient must train a range of relevant persons on the recipient’s obligations under Title IX;
  • Clarify a recipient’s obligation to address retaliation.

Comments in support of the rule can be made at http://www.regulations.gov. The rule number is 2022-13734. The deadline is Sept. 13.

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