Administrative Advocacy

Trans & Nonbinary Protections at the 2021 Title IX Public Hearing

GLSEN co-lead a sign-on comment urging the U.S. Department of Education (USED) to revise its Title IX regulations to clearly communicate that discrimination on the basis of sexual orientation, gender identity, transgender status, sex stereotypes, or sex characteristics is sex discrimination and is illegal under Title IX. The comment also asks that USED ensure a fair process for survivors of sexual harassment and violence and prevent the misuse of Title IX’ religious exemptions.

Our letter was prepared in consultation with Harper Jean Tobin, J.D. and our co-leaders, the American School Counselor Association (ASCA), Human Rights Campaign, National Association of School Psychologists (NASP), National PTA, National Women’s Law Center (NWLC), and PFLAG National. An additional eighty-seven organizations joined our comment letter.

In addition to the written comment, two GLSEN National Student Council members joined GLSEN’s Interim Executive Director in providing oral testimony (see 86 Federal Register §96).

Update: USED issued a Notice of Interpretation affirming that Title IX’s prohibition of discrimination on the basis sex includes a prohibition of discrimination based on sexual orientation and gender identity. USED amplified this affirmation through a Letter to Educators on Title IX’s 49th Anniversary and updated its Resources for LGBTQI+ Students webpage to better support LGBTQ+ young people, including those who may be experiencing discrimination at school.