GLSEN, State Advocates Call for Increased Enforcement of LGBTQ-Inclusive Title IX Rule

Three New Federal Civil Rights Complaints Target School Board Noncompliance

Washington, DC (September 9, 2024) - Today, GLSEN and statewide LGBTQ+ rights organizations in Arizona, Pennsylvania, and Wisconsin call for the U.S. Department of Education to open federal Title IX investigations into school districts that are rejecting or otherwise failing to comply with updated regulations that went into effect on August 1. These protections prohibit discrimination on the basis of sexual orientation and gender identity. As an organization dedicated to creating safe and affirming schools for all students, GLSEN has long advocated for policies that protect LGBTQ+ youth from harassment and discrimination in K-12 learning environments.

Although 26 states and certain organizational plaintiffs are challenging the rule in court, the updated Title IX regulations are legally effective in the remainder of the country, and school districts are accountable for complying with these updates absent a court order. In a letter sent to the U.S. Department of Education today, GLSEN called for "robust enforcement of the rule where it is in effect."

The need for these protections is underscored by data from GLSEN's 2021 National School Climate Survey, which revealed that 83% of LGBTQ+ students reported being victimized in school, yet 62% never reported these incidents to school staff. Further, FBI data from early 2024 indicates a significant increase in hate crimes on K-12 campuses in states with anti-trans policies. Enumerating sexual orientation and gender identity within Title IX's scope can help bridge the trust gap and ensure more effective reporting and handling of harassment cases, including verbal harassment and physical assault faced by LGBTQ+ youth.

Melanie Willingham-Jaggers, Executive Director of GLSEN, emphasized the importance of this action:

"The 2024 updates to Title IX are a historic step in protecting LGBTQ+ students from bullying and harassment in schools, but we are alarmed that some local officials are standing in the way of implementing urgently needed civil rights protections that foster safer learning environments. In doing so, these people in power are sending a harmful message that LGBTQ+ youth cannot fully access a learning environment free from discrimination. We expect every school district across the country to be working to ensure that all students are included in their school community. Absent a court order, this means that schools should comply with their minimum legal obligations by achieving full compliance with the LGBTQ-inclusive updates to Title IX."

"School officials cannot simply opt-out of protecting the legal rights of students and staff," said Kelley Dupps, Inclusive Policy Manager for GLSEN Arizona. "The updates to Title IX make clear that LGBTQ+ discrimination is discrimination outlawed under Title IX. Transgender and nonbinary people belong in school. We deserve access to and the benefits of educational programs. Full stop."

"By intentionally rejecting the necessary updates recently made to Title IX regulations, the Laurel School District is sending a distressing message to LGBTQ+ students and their families," said Sarah Hammond, State Director of Fairness Pennsylvania. "Compliance with these regulations is not optional it is a crucial step toward ensuring that every student can learn and thrive in a safe and respectful environment."

"We know school boards in other districts may be taking similar actions making anti-trans statements during formal board meetings, refusing to act on discrimination, and even casting votes against Title IX and the inclusion of protections based on gender identity. These districts and other outside organizations are actively spreading disinformation about out-of-state litigation to deter LGBTQ+ youth from exercising their rights," said Abigail Swetz, Executive Director of Fair Wisconsin. "Let me be clear: we are watching, and as we learn more, we will file more complaints on behalf of the students in those districts."

"We know that access to supportive adults in our schools can and does make a difference in the mental health of our children. We know that access to LGBTQ+-inclusive curriculum and affirming spaces like Gender and Sexuality Alliances can create a sense of safety and belonging," said Tyrone Creech, Jr., Executive Director of GSAFE. "When we know that, we must be those supportive adults and create that welcoming space for our kids to belong. It is a moral imperative, and under Title IX, it is also a legal obligation."

Enforcement by the U.S. Department of Education is only one pathway to ensure safer schools for LGBTQ+ youth, and the court injunctions impacting the Title IX regulations do not limit students from asserting their own Title IX rights in court. For more information about the Title IX regulations and how you can take action to support LGBTQ+ students, please visit glsen.org/title-ix.

ABOUT GLSEN

GLSEN, the nation's largest advocate for LGBTQ+ issues in K-12 education, has been dedicated to establishing inclusive schools and learning environments for over 34 years. Amidst increasing threats against LGBTQ+ youth nationwide, GLSEN actively addresses harassment and discrimination by empowering educators, advocating for policy changes, and combating book bans through its Rainbow Library Program, which provides LGBTQ+ affirming literature to over 6 million students across 30 states.