Title IX: Arizona group leads calls for federal probe into schools failing to comply with law

26 states and certain organizational plaintiffs are challenging the rule in court.

PUBLISHED SEP 11, 2024

One of Title IX's major aims is ensuring equitable sporting opportunities for male and female students.

Phoenix, Arizona: GLSEN Arizona, GLSEN National, and statewide LGBTQ+ rights organizations in Pennsylvania and Wisconsin called for the US 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.

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 US Department of Education today, GLSEN called for “robust enforcement of the rule where it is in effect".

Students, parents, educators and advocates gather in front of the White House to press the Biden Administration to release the long-awaited final Title IX Rule on December 05, 2023 in Washington, DC. (Photo by Leigh Vogel/Getty Images for National Women's Law Center)

GLSEN's 2021 National School Climate Survey 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.

“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.”

What is Title IX?

Title IX is a federal civil rights law, part of the Education Amendments of 1972. It states: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

What areas does Title IX affect, when it comes to education?

Athletics: Ensuring equitable opportunities for male and female students.

Admissions and recruitment: Prohibiting sex-based discrimination in admissions.

Sexual harassment and violence: Protecting students from sexual harassment, bullying, and assault.

Employment: Preventing gender-based discrimination in hiring and employment practices within educational institutions.

Pregnancy and parenting: Protecting the rights of pregnant and parenting students.

Since Title IX's implementation, there has been a dramatic increase in the participation of women in high school and college sports, which has boosted the number of US medallists in world sports and seen icons like Gabby Thomas (pictured) flourish. (Photo by Tim Clayton/Corbis via Getty Images)

What is Title IX's biggest success?

One of Title IX's biggest successes has been in sports, especially at the collegiate level. Schools are required to provide equal opportunities to both male and female athletes. This includes equitable resources such as funding, facilities, coaching, and scholarships. Since its implementation, there has been a dramatic increase in the participation of women in high school and college sports. For example, female participation in high school athletics grew from about 300,000 in 1972 to over three million today.

Former swimmer Riley Gaines (C) at the House Oversight Subcommittee on Health Care and Financial Services hearing on Capitol Hill December 5, 2023 in Washington, DC. The hearing focused on the Biden administration's proposed rule changes to Title IX to redefine the definition of sexual discrimination to include gender identity. (Photo by Drew Angerer/Getty Images)

Seems great, so why is there criticism of Title IX?

Well the main criticism has been that some educational institutions have take the implementation of Title IX to extremes, especially when it comes to sexual issues.

Some have argued that Title IX regulations have empowered investigators who routinely endanger academic freedom and fair process, presume the guilt of suspects, assign the man full responsibility for the outcome of any social interaction, and minutely regulate personal relationships.

Even an article in the pragmatically liberal 'The Atlantic' criticized the Title IX process for being unfair to the accused, based on faulty science, and racially biased against students of color.

The current major controversy centers around an amendment that critics say would allow transgender athletes to compete in sporting gender categories that do not correspond to the sex at birth. The claim that if such an amendment is passed it would be detrimental to women's sports in the country, even though the amendment does not specifically mention sports. The amendment is currently on hold, and most likely will be till after the general election in November.