Discrimination against transgender students would be a violation of federal civil rights law under proposed regulations the Education Department is expected to finalize in the coming weeks.
Thursday, April 7, 2022
Regulations carry the power of law. The rules, if finalized, would set up a clash with state laws that bar transgender women from competing in women’s sports. Those statutes are already being challenged in the courts.A spokeswoman for the Education Department declined to comment on what will be in the proposed regulation, which the administration has said it expects to publish in April.
The draft text of the regulation included this key sentence, according to the people familiar with it: “Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, sex-related characteristics (including intersex traits), pregnancy or related conditions, sexual orientation, and gender identity.”
The regulations would also rewrite, for the third time in three administrations, complex rules for universities and K-12 schools in adjudicating allegations of sexual harassment and assault. The Trump administration’s version included more due process rights for the accused, and the new version is expected to be friendlier to those leveling the accusations.