The Biden Administration’s Title IX Rule Changed Delayed Again

By Robyn Spradlin

by Danielle Dolin

The Biden Administration has punted its proposed rule changes to Title IX, the federal law prohibiting sex-based discrimination at federally funded schools, to March, almost a year after missing the initial deadline, as reported by The Hill.

The Department of Education (DOE) unveiled its initial proposal to beef up the “sex discrimination” provisions in June 2022. The 50-year anniversary of the landmark law was commemorated by the Biden Administration’s proposed announcement.

The Hill reported the administration’s intuition to finalize the changes by May became snarled as public comment on the subject swelled to 240,000 comments, so the deadline was extended to October.

A separate proposal on transgender student athletes will also be released in March, the DOE announced Dec. 6th. Within the changes the administration proposed in April, school policies that categorically ban transgender athletes from participating in alignment with their “gender identity” would constitute violation of Title IX.

The administration’s delay in finalizing the rules have drawn criticism from Democrats in Congress and advocacy groups, as some lament that this is a promise not kept, while noting Biden campaigned in 2020 on making a “quick end” of former President Donald Trump’s Title IX regulations.

Emma Grasso Levine, manager of Know Your IX, lamented,

“We’re about to be into year four of a promise being made and not being realized, and I think that’s definitely something that we as advocates are concerned about as well — these continued broken promises.” Levine added that students were losing faith in Biden and his administration.

Tuesday, Brian Dittmeier, director of public policy at GLSEN, told The Hill,

“One of the pieces that we’re very cognizant of is the sheer volume of comments that came in on both rules,” Dittmeier said. “There was a staggering amount of comments, and I imagine that is playing a large role in why it’s taking so long.”

Vermont Democrat, Rep. Becca Balint stressed the importance of strengthen and finalizing the rules. She told reporters the protections in the proposal made it clear that the DOE would protect sexual assault survivors and stand for the inclusivity of trans and nonbinary individuals from discrimination.

However, reported sexual assaults by male-born persons claiming to be “transgender” have occurred in U.S. public schools and abroad as well. In June, police in the United Kingdom were investigating nearly a half dozen sexual assaults of females connected to trans-identifying males. Likewise, Loudoun County, Virigina is still the focal point of a school board’s poor handling of two transgender identifying assaults by the same biological male. Now the school board is facing a $30 million lawsuit over the assault, according to the Associated Press.

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