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The Biden administration is pursuing sweeping new changes to federal Title IX law to restore 鈥渃rucial protections鈥� for victims of sexual harassment, assault, and sex-based discrimination that it maintains they lost during the Trump administration.

Under the proposed changes, announced Thursday, the law would protect victims against discrimination based not just on sex but on sexual orientation and gender identity, in effect adding transgender students as a protected class. Current regulations are silent on these students鈥� rights.

But the proposal sidesteps the question of transgender athletes鈥� rights to compete in girls鈥� sports, an explosive issue administration officials said will get its own set of regulations at a later date.

鈥淭his is personal to me as an educator and as a father,鈥� U.S. Education Secretary Miguel Cardona said during the announcement. 鈥淚 want the same opportunities afforded to my daughter and my son 鈥� and my transgender cousin 鈥� so they can achieve their potential and reach their dreams.鈥�

The changes come 50 years to the day after President Richard Nixon signed the federal civil rights law that bans sex discrimination in education.

Cardona on Thursday noted that LGBTQ youth 鈥渇ace bullying and harassment, experience higher rates of anxiety, depression, and suicide, and too often grow up feeling that they don’t belong.鈥�

The proposed regulations, he said, 鈥渟end a loud message to these students and all our students: You belong in our schools. You have worthy dreams and incredible talents. You deserve the opportunity to shine authentically and unapologetically. The Biden-Harris administration has your back.鈥�

Education and civil rights groups welcomed the proposed rules, with Ronn Nozoe, CEO of the saying they 鈥済reatly strengthen principals鈥� abilities to ensure schools provide what students need.鈥� 

Amit Paley, CEO of, a suicide prevention and mental health organization for LGBTQ youth, applauded the administration鈥檚 bid to extend Title IX protections to sexual orientation and gender identity, saying, 鈥淪chool should be a place where students learn and are comfortable being themselves, not a source of bullying and discrimination.鈥�

But the proposed rules irked some conservative groups. In a, Nicole Neily, president of Parents Defending Education, called the move a 鈥渇ederal overreach鈥� and dubbed the proposed regulations 鈥淭he Biden administration鈥檚 鈥楳ust Say They鈥� rewrite of Title IX,鈥� refering to the preferred pronoun of some who are transgender. 

鈥淎merican families should be deeply concerned by the proposed rewrite of Title IX,鈥� Neily said. 鈥淔rom rolling back due process protections, to stomping on the First Amendment, to adding 鈥榮exual orientation and gender identity鈥� into a statute that can only be so changed by Congressional action, the Biden Administration has shown that they place the demands of a small group of political activists above the concerns of millions of families across the country.鈥�

Taken together, the proposed regulations would create a sharp contrast to Trump administration rules adopted in 2020 under then-Education Secretary Betsy DeVos. Under DeVos, for instance, schools were prohibited from opening Title IX cases if an alleged assault took place away from school grounds. Under the new rules, schools would be required to address 鈥渉ostile environments鈥� in programs and activities, even if the conduct that contributed to the hostile environment 鈥渙ccurred off-campus or outside the United States,鈥� a senior official told reporters.

鈥�Our view now is that the existing regulations do not best fulfill Congress’ mandate in Title IX,鈥� the official said. 鈥淭here is more we can do to ensure that students do not experience sex discrimination in school.鈥�

Cardona鈥檚 proposed changes both expand the definition of sexual harassment and potentially limit opportunities for students accused of sexual assault or harassment to confront their accusers. Administration officials said the new regulations would require schools to take 鈥減rompt and effective鈥� action on campus sex discrimination.

But they also said the regulations in effect loosen requirements on schools鈥� sex assault investigations: The proposed rules, for instance, would 鈥減ermit but not require鈥� schools to hold live hearings in which accused students can directly confront survivors.

A senior department official, who briefed reporters Thursday on background, said the administration has concluded that a live hearing, which resembles a courtroom procedure, 鈥渋s one, but not the only way, to address investigation and to determine what has occurred.鈥� The official noted that the vast majority of schools were not conducting live hearings before the Trump administration began requiring them in 2020. 鈥淎nd it was clear to us that a live hearing was not essential to determination of outcomes and a fair process,鈥� the official said.

In a statement, Sen. Richard Burr (R-NC), said the move 鈥渞eturns to the deeply flawed campus disciplinary process of the Obama Administration, which led to hundreds of inconsistent judgements and more than 300 legal challenges. The existing rule struck a balance that follows the law and is fair to both parties.鈥�

Notably absent from Thursday鈥檚 announcement was any mention of Title IX鈥檚 application to athletics, which has caused a furor due to a handful of transgender athletes鈥� bids to compete in girls鈥� sporting events.

The administration said it will engage in a separate rulemaking process to address the law鈥檚 application to athletics and gender, but offered no immediate timeline for the process. A senior department official said the topic 鈥渄eserves its own separate rule-making process.鈥�

Administration officials have previously said Title IX, which prohibits sex discrimination and harassment in programs receiving federal funds, will echo the in Bostock v. Clayton County, Georgia, which extended protections against sexual harassment and discrimination in the workplace to LGBTQ employees.

While the department鈥檚 interpretation of the Bostock ruling doesn鈥檛 mention sports, the Biden administration last year filed in a West Virginia case in which a transgender girl who wants to compete with girls on her middle school cross country team is challenging the state鈥檚 2021 law banning students born as male from participating in girls鈥� sports. 

A group of 15 Republican-led states, led by Montana Attorney General, has threatened to challenge the regulations in court,. Since last year, a dozen states have passed legislation prohibiting trans females from competing in girls鈥� and women鈥檚 sports. 

Last week, the , the world governing body for swimming, voted to prohibit transgender athletes from competing in high-level women鈥檚 competitions unless they began medical treatments to suppress testosterone production early in their lives.  

The group, known internationally as F茅d茅ration internationale de natation, or FINA, said it would also a new, 鈥渙pen鈥� category for athletes who identify as women but do not meet the requirement to compete against people who were female at birth.

By contrast, World Cup and Olympic soccer star Megan Rapinoe last week that she is 鈥�100 percent supportive of trans inclusion鈥� in sports, noting that what most people know about the topic comes from 鈥渞elentless鈥� conservative talking points that don鈥檛 reflect reality. 

鈥淪how me the evidence that trans women are taking everyone鈥檚 scholarships, are dominating in every sport, are winning every title,鈥� she said. 鈥淚鈥檓 sorry, it鈥檚 just not happening. So we need to start from inclusion, period. And as things arise, I have confidence that we can figure it out. But we can鈥檛 start at the opposite. That is cruel. And frankly, it鈥檚 just disgusting.鈥�

The public has 60 days to send comments on the new proposal, which could take several months to finalize. 

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