[Wsssc] FW: Title IX Notice of Interpretation on Sexual Orientation and Gender Identity Discrimination

[Joe Holliday]

WSSSC: see below and at links, clarification that Title IX enforcement extends to discrimination based on gender identity and sexual orientation.

Subject: Title IX Notice of Interpretation on Sexual Orientation and Gender Identity Discrimination


Dear MOA Coordinators and State CTE Directors:


I write to share that today the U.S. Department of Education's Office for Civil Rights issued a Notice of Interpretation<https://www2.ed.gov/about/offices/list/ocr/docs/202106-titleix-noi.pdf> making clear that the OCR's enforcement of Title IX encompasses discrimination based on sexual orientation and gender identity.



This interpretation of Title IX follows the U.S. Supreme Court's analysis in in Bostock v. Clayton County (2020), which was decided one year ago this week. The Court in Bostock concluded that discrimination against a person based on their sexual orientation or gender identity is inherently a form of discrimination based on sex. OCR's notice is also consistent with the U.S. Department of Justice's Civil Rights Division memorandum<https://www.justice.gov/crt/page/file/1383026/download> on the interpretation of Title IX issued earlier this year.


Today's Notice of Interpretation continues OCR's efforts to promote safe and inclusive schools for LGBTQ+ students, as underscored by President Biden's Executive Orders on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity<https://www.govinfo.gov/content/pkg/FR-2021-03-11/pdf/2021-05200.pdf> and Preventing and Combating Discrimination on the Basis of Gender Identity<https://www.govinfo.gov/content/pkg/FR-2021-01-25/pdf/2021-01761.pdf> or Sexual Orientation.



Please also see Department's press release<https://www.ed.gov/news/press-releases/us-department-education-confirms-title-ix-protects-students-discrimination-based-sexual-orientation-and-gender-identity>, which includes links to the Notice and resources for LGBTQ+ students<https://www2.ed.gov/about/offices/list/ocr/lgbt.html> available on OCR's website.



We thank you for your partnership in ensuring that all students have an opportunity to learn and thrive in our nation's public schools.

Best,
Maria

Maria Litsakis
MOA Attorney
Program Legal Group
Office for Civil Rights| U.S. Department of Education
646-428-3768| maria.litsakis at ed.gov<mailto:maria.litsakis at ed.gov>

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