Biden’s new Title IX rules protect LGBTQ+ students, but avoid addressing transgender athletes

The rights of LGBTQ+ students will be protected by federal law and victims of campus sexual assault will gain new safeguards under rules finalized Friday by the Biden administration.

The new provisions are part of a revised Title IX regulation issued by the Education Department, fulfilling a campaign pledge by President Joe Biden. He had promised to dismantle rules created by former Education Secretary Betsy DeVos, who added new protections for students accused of sexual misconduct.

Notably absent from Biden’s policy, however, is any mention of transgender athletes.

The administration originally planned to include a new policy forbidding schools from enacting outright bans on transgender athletes, but that provision was put on hold. The delay is widely seen as a political maneuver during an election year in which Republicans have rallied around bans on transgender athletes in girls’ sports.

Instead, Biden is officially undoing sexual assault rules put in place by his predecessor and current election-year opponent, former President Donald Trump. The final policy drew praise from victims’ advocates, while Republicans said it erodes the rights of accused students.

The new rule makes “crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said.

“No one should face bullying or discrimination just because of who they are, who they love,” Cardona told reporters. “Sadly, this happens all too often.”

Biden’s regulation is meant to clarify schools’ obligations under Title IX, the 1972 sex discrimination law originally passed to address women’s rights. It applies to colleges and elementary and high schools that receive federal money. The update is to