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1 1 (March 24, 2025)

handle is hein.crs/susoendpt0001 and id is 1 raw text is: Congressional ______ R Res'earch Service a Status of Education Department's Title IX Regulations March 24, 2025 Title IX of the Education Amendments of 1972 (Title IX) prohibits sex discrimination in education programs that receive federal financial assistance. The Department of Education (ED) enforces the law in education programs that ED funds, including all K-12 public school districts and most colleges and universities (recipient schools). ED's interpretation of what Title IX requires has shifted considerably across recent presidential administrations. In particular, ED's Title IX regulations have shifted on two significant issues: (1) obligations for recipient schools when addressing allegations of sexual harassment; and (2) application of the law to discrimination based on gender identity and sexual orientation. ED has issued various guidance documents and regulatory requirements with respect to sexual harassment and Title IX's application to sexual orientation and gender identity. In 2020, ED issued regulations that imposed a number of specific requirements on recipient schools in cases of sexual harassment, but those regulations did not address sexual orientation or gender identity. ED updated the regulations in 2024, including by changing obligations for recipient schools when addressing sexual harassment allegations and defining sex discrimination to include discrimination based on sexual orientation and gender identity. The latter change drew on the reasoning of a 2020 Supreme Court decision, Bostock v. Clayton County, that interpreted a different statute prohibiting sex discrimination in the workplace, Title VII of the Civil Rights Act of 1964 (Title VII). In Bostock, the Supreme Court ruled that Title VII's ban on sex discrimination extends to discrimination based on sexual orientation and gender identity. As described below, the 2024 regulations were vacated in full by a federal court in early 2025. Going forward, ED has announced it will once again enforce the 2020 regulations. This Sidebar begins with a brief background on Title IX. It continues by examining how ED's Title IX regulations have addressed sexual harassment, followed by the agency's approach to sexual orientation and gender identity discrimination. After addressing the current status of ED's Title IX regulations and the Trump Administration's position on the law's application to gender identity, the Sidebar concludes with some considerations for Congress. Congressional Research Service https://crsreports.congress.gov LSB11279 CRS Legal Sidebar Prepared for Members and Committees of Congress

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