Trump OKs Discrimination Against Transgender Students With Title IX Rollback

A "Dear Colleague" letter sent by the U.S. Department of Education to K-12 schools and colleges will leave transgender students without the anti-discrimination protections that were introduced under former President Joe Biden, warned advocates on Friday.

The letter informed schools that effective immediately, the department is returning to Title IX rules that were in place under the first Trump administration, protecting students from discrimination "on the basis of biological sex"—not gender identity, sexual orientation, or pregnancy status.

The updated rules, said one DOE official, are aimed at correcting an "egregious slight to women and girls," as the administration characterized protections for transgender and nonbinary students.

The Trump administration and Republican lawmakers have been intensely focused on stopping transgender students from participating in women's sports in college and high school. Biden's rules, unveiled last April, stopped short of requiring schools to allow students to play on teams that correspond with their gender identity.

But Emma Levine, manager of the advocacy group Know Your IX, said the rollback of Biden's guidance will put students across the country at "greater risk of harassment and discrimination."

Biden's guidance had been on hold in 26 states as Republican attorneys general have challenged the rules in court.

Earlier this month, a federal judge in Kentucky struck down Biden's rules, saying protections for transgender students under the 1972 anti-discrimination law rendered the measure "meaningless."

Levine said Friday that "schools must step up to protect students in the absence of adequate federal guidance," and Massachusetts Secretary of Education Patrick Tutwiler was quick to call on schools in the state to continue ensuring all students are protected from harassment and discrimination.

"It is incumbent on schools and school administrators to create a culture in which all students feel safe, supported, and fully included, including in athletics," said Tutwiler. "I am proud that in Massachusetts our state constitution has strong, comprehensive protections for LGBTQ+ students who deserve to live and learn as their full, authentic self."

Under the 2020 Title IX rules that the DOE is returning to, schools were also informed Friday that the Trump administration will once again limit schools' liability in sexual assault cases and afford expanded rights to students accused of assault and harassment.

During his first term, Trump introduced Title IX requirements for schools to hold live hearings in which students accused of misconduct and those who accused them could cross-examine one another through lawyers. The rules also narrowed the definition of harassment and placed some misconduct cases outside of a school's jurisdiction.

"The 2020 Title IX rule fails students," said Levine. "This is an incredibly disappointing decision that will leave many survivors of sexual violence, LGBTQ+ students, and pregnant and parenting students without the accommodations critical to their ability to learn and attend class safely."