The U.S. Department of Education marked the 49^th anniversary of the Title IX Education Amendments of 1972 by issuing a Dear Educator letter. The letter highlights the importance of Title IX and references several Title IX resources made available during the Biden-Harris Administration, including for LGBTQI+ students.

In announcing the letter, Secretary Miguel Cardona described Title IX as “the strongest tool we have to protect every student’s right to equal access to educational opportunities free from sex discrimination.” Secretary Cardona also noted, “Amid this progress, we recognize there is still more to do, when we know that students still experience harassment, exclusion from school activities, and other forms of discrimination that stand in the way of them reaching their full potential and their dreams.”

The Dear Educator letter directs the education community and public to resources available from the Department:

• Sex Discrimination: Overview of the Law – discusses the key components of Title IX

• Sex Discrimination, Frequently Asked Questions – responds to general Title IX questions and questions specific to athletics, harassment, sexual orientation, and gender identity

• Notice of Interpretation – clarifies that based on the U.S. Supreme Court’s decision in Bostock v. Clayton County, 140 S. Ct. 1731, the Department interprets Title IX to protect against sex discrimination, including discrimination based on sexual orientation and gender identity

• Confronting Anti-LGBTQI+ Harassment in Schools Fact Sheet – a resource for student and families jointly issued the U.S. Department of Justice, Civil Rights Division, and the U.S. Department of Education

• Education in a Pandemic: The Disparate Impacts of COVID-19 on America’s Students – addresses disparities based on sex, including sexual orientation and gender identity, race, disability, and other characteristics

• Resources for LGBTQ+ Students – explains the process to file a complaint with Department and lists resources from the Department, the White House, and other federal agencies, along with recent federal court decisions addressing LGBTQ+ rights

The Department’s announcement that it will conduct a comprehensive review of its regulations implementing Title IX also focused on LGBTQI+ students.

Educational institutions should review their policies and procedures, and training protocols to ensure compliance with the Department’s Title IX guidance addressing LGBTQI+ students. Please contact a Jackson Lewis attorney with any questions regarding Title IX.