Fairness Pennsylvania Welcomes New Title IX Updates: A Victory for LGBTQ+Students

In a step forward for LGBTQ+ rights and equality in education, the U.S. Department of Education has recently enacted updates to Title IX regulations which outline explicit protections for LGBTQ+ individuals by addressing discrimination based on sexual orientation, gender identity, or sex characteristics.

Originally enacted in 1972 to prohibit sex-based discrimination in educational programs and activities, the 2024 updates to Title IX regulations took effect on August 1, formally clarifying the legal responsibilities to address and mitigate sex-based harassment and discrimination in educational institutions that receive federal funding. Absent a court order, school districts are now required to comply with these updated Title IX regulations, which, among other improvements, extend protections against discrimination, bullying, harassment, and hostile environments.

The new Title IX regulations outline that schools are now prohibited from separating, denying benefits to, or excluding individuals based on sexual orientation, gender identity, or sex characteristics. They also make it clear that schools must take proactive measures to safeguard students from such negative behaviors and ensure a safe and inclusive environment. School are also now required to investigate and address any claims of discrimination, harassment, bullying, or physical harm related to these aspects.

Fairness Pennsylvania is proud to stand with our LGBTQ+ students and their families as we embrace these transformative changes. We remain committed to advocating for policies and practices that ensure every student has the opportunity to thrive – including holding districts accountable who choose to infringe on our rights.

That’s why Fairness Pennsylvania recently filed a formal administrative complaint with the U.S. Department of Education against Laurel School District, whose school board explicitly and intentionally breeched the required adoption of the recent Title IX updated regulations.

On August 14, the School Board for the Laurel School District unanimously rejected a proposal to revise nondiscrimination and harassment policies to reflect the updated Title IX regulations. The vote sent a clear signal to LGBTQ+ students that clearer protections against harassment and discrimination on the basis of gender identity would not be implemented in the district’s schools. The unanimous vote followed a presentation by the Superintendent at a working meeting of the Board on August 7, which mischaracterized the district’s legal obligations under the updated Title IX regulations.

The Board alluded to ongoing litigation when rejecting compliance with the updated Title IX regulations. Pennsylvania does not have a statewide injunction barring implementation of the updated Title IX regulations. Only one of the nine lawsuits challenging the Title IX rule – in the U.S. District Court for the District of Kansas – extends to some Pennsylvania schools through litigation brought by organizational plaintiffs. (As of August 28, none of the schools in the district are included in the district of Kansas litigation.)

Furthermore, as noted by the Education Law Center, “While recently enacted Title IX regulations have been challenged in federal court, there is no nationwide injunction precluding enforcement of the regulations. Moreover, an injunction order issued by a federal court in Kansas v. U.S. Department of Education does not materially change schools’ obligations to students. Pennsylvania public schools are still subject to prohibitions on sex discrimination that include gender identity and expression under Pennsylvania state law and applicable federal regulations.”

Compliance with these regulations is not optional – it’s the law. As we move forward, it is essential for educators, administrators, and community members to familiarize themselves with these new regulations and to work collaboratively to create environments where every student feels valued and respected.

We’re committed to work in solidarity to build a future where every student – regardless of their identity – can achieve their fullest potential.