What that means for local schools

The Biden administration’s new Title IX, which expands protections for LGBTQ+ students, including protections based on gender identity, goes into effect Thursday, impacting local schools in Pennsylvania and across the country.

According to the Education Law Center, lawsuits have been filed in other states, but they do not affect state laws.

The ELC is based in Philadelphia and Pittsburgh. Its mission is to ensure “access to a quality education for all children” in Pennsylvania. It recently shared its analysis of the Title IX update.

This federal law was first created in 1972 to prevent discrimination based on sex in educational opportunities. The recent updates change parts of the regulation, such as not prohibiting students from using restrooms that match their gender identity “because doing so would cause them more than de minimis harm,” according to the U.S. Department of Education’s Office for Civil Rights.

The new rules do not apply to athletics.

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“Unless there is a court order requiring Pennsylvania schools otherwise, all schools must comply with the federal regulation by August 1 and are subject to the enforcement authority of the U.S. Department of Education,” the law center wrote in its analysis of the Title IX update.

Challenges have been filed in other states, including Kansas v. U.S. Department of Education, which was recently decided. The lawsuit involved Kansas, Wyoming, Moms For Liberty, Female Athletes United and more.

The ELC reported that the order, issued July 2, blocked the federal Department of Education from enforcing the new Title IX regulations “in schools identified with a Moms for Liberty affiliation.” About 50 Pennsylvania school districts were named in the lawsuit, including Central York School District, which is blocking the federal Department of Education from requiring compliance with the new regulations in those schools.

The company also pointed out that local case law takes precedence, including rulings by the Third Circuit Court of Appeals, which in 2018 ruled in Doe v. Boyertown Area School District. The court ruled that transgender and cisgender students could share the same facilities. Three other lawsuits have also had similar rulings.

“Pennsylvania students are protected from discrimination on the basis of sex by the Pennsylvania Human Relations Act,” the Pennsylvania Human Relations Commission wrote in a statement.

The statement indicated that Pennsylvania Attorney General Michelle Henry and the commission supported the new regulations.

Henry said there are “a limited number of schools and students affected,” but that Kansas’ decision will not affect Pennsylvania’s laws.

“We are working with partners, like the Pennsylvania Human Relations Commission, to ensure that schools remain safe havens for student learning and achievement,” Henry said in the statement.

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Chad Dion Lassiter, executive director of PHRC, said in the statement that gender identity or sexual orientation should not prevent a student from receiving “a quality and equitable education.”

It added that Henry’s office is working with the California and New Jersey attorneys general’s offices to defend the new Title IX in amicus curiae briefs.

The American Civil Liberties Union also supports the updates.

Louise Melling, deputy legal director and executive director of the Ruth Bader Ginsburg Center for Liberty ACLU, said the new Title IX reminds school districts that “schools may not discriminate on the basis of gender identity, transgender status, or sexual orientation.”

“All students have the right to equal opportunities to learn at school, without being discriminated against based on gender or sexual stereotypes,” she wrote in a press release.

There are parts that the ACLU does oppose, including the requirement that “universities not offer live hearings and the opportunity for cross-examination where serious sanctions, such as suspension or expulsion, could apply.”

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The ELC has indicated that more school policies need to be reviewed to confirm that policies and practices are adequate before the new school year begins.

In York County, York Academy students will be the first to return to school on August 12. Public school students will return on August 15.

“Now is the time to prepare for implementation,” the ELC said, explaining that there will be no “grace period for compliance” after the legal proceedings are over.

The company will also offer resources.

To file a complaint, you can contact the PHRC by calling 717-787-4410. Resources can be found on the commission’s website.