On June 23, 2021, the 49th anniversary of the passage of Title IX, the United States Department of Education’s Office for Civil Rights (“OCR”) issued a Dear Educator Letter regarding Title IX and its applicability to LGBTQI+ students. Specifically, the Dear Educator Letter clarified its position that the U.S. Supreme Court’s decision in Bostock v. Clayton County applies to the Department of Education’s interpretation of Title IX. Consistent with its June 16, 2021, Notice of Interpretation, the Office for Civil Rights will enforce Title IX to “prohibit discrimination based on sexual orientation and gender identity in educational programs and activities that receive Federal financial assistance” and provided examples of the incidents it can investigate.
Additionally, OCR updated its website to provide additional information and resources for LGBTQI+ students and indicated it would soon issue a Q&A document on Title IX and publish a notice of proposed rulemaking in the coming months to amend the August 2020 Title IX regulations.
We will continue to monitor any new developments and will issue an upcoming article summarizing recent interpretations and application of Title IX.
Please contact Kaitlin Atlas or any of our Student/Special Education practice group attorneys with your questions regarding the implementation of Title IX in schools and OCR’s complaint process and enforcement authority.
Source: Dear Educator Letter