Since the implementation of the Dear Colleague Letter in 2011, Title IX has steadily transformed in its interpretation, application, and historical significance. Administrators in K-12 and higher education have had to maintain their understanding of ever-changing compliance while supporting students’ evolving needs. Now, Title IX professionals face new and potentially sweeping changes to be enacted under a second Trump administration.
Trump’s Campaign Promises Surrounding Title IX
This election season, Trump promised to bring notable changes regarding how Title IX is applied and the impact it will have on schools, colleges, and students’ rights.
Eliminating Protections for LGBTQIA and Transgender Students
Trump vowed to dismantle the Biden administration’s rulings to include protections of LGBTQIA students and staff. In 2021, Biden signed an executive order defining Title IX protections to include “discrimination on the basis of sexual orientation or gender identity,” which Trump said he’d terminate “on day one” in office.
Reversing or narrowing these interpretations could likely translate to:
- Limiting transgender students’ access to bathrooms, locker rooms, and other facilities matching their gender identity.
- Restricting or banning participation in sports based on biological sex and gender identity.
- Eliminating federal investigations into complaints of anti-LGBTQIA discrimination.
Although the President-elect could quickly issue an executive order in office, completely rescinding Biden’s Notice of Proposed Rulemaking (NPRM) could result in different outcomes including reverting back to the 2020 regulations or creating entirely new ones. These changes will create uncertainty for schools, which may struggle to balance state laws, federal guidance, and the needs of their student populations.
Dismantling the Department of Education
Trump also promised to eliminate the Department of Education and declared it a misuse of federal power, resources, and funding. Although this idea is not new, calls for the end of the Department have recently grown louder, and a South Dakota Senator introduced a bill in November for this very goal. Experts say that a total elimination of the Department would require Congressional approval and is unlikely, but it could experience funding cuts and limiting of other resources.
Implications for Title IX Professionals
The potential changes under a second Trump administration could result in widespread implications for schools, students, and educators:
Uncertainty for Schools
Fluctuations in federal guidance may leave schools uncertain about their legal obligations, potentially exposing them to lawsuits or loss of federal funding. Navigating these changes will likely burden schools in increased costs to utilize legal resources and training of personnel.
Impact on LGBTQIA Students
Transgender and queer students may face increased barriers to equitable treatment and access to facilities, sports, and resources. Schools should consider how to support these marginalized groups elsewhere on campus through programming, mental health resources, or other forms of support.
Survivors of Sexual Misconduct
Changes to the rules governing Title IX investigations could affect how survivors of sexual harassment and assault report incidents and seek justice. Increased prevention programming, partnerships with victim-centered advocacy organizations, and access to supportive measures will become increasingly critical.
How We Can Help
As Title IX professionals stay informed of all Title IX changes and prepare for their impact, Title IX Consult can help keep your schools compliant. For general up-to-date Title IX information and how it affects you and your institution, join us for Title IX Thursdays on the first Thursday of every month. For more information about our Title IX consulting services, including advising, hearing adjudication, and investigation, contact us at [email protected].