U.S. Department of Education Releases Final Title IX Regulations, Providing Vital Protections Against Sex Discrimination
Publicado el 19 de abril de 2024 por https://www.ed.gov/
Department Advances Educational Equity and Opportunity
For more than 50 years, Title IX has paved the way for tremendous strides in access to education for millions of students across the country. Every student deserves educational opportunity free from discrimination. That is why today the U.S. Department of Education (Department) released its Final Rule under Title IX, which prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance. The final regulations promote educational equity and opportunity for students across the country as well as accountability and fairness, while empowering and supporting students and families.
“For more than 50 years, Title IX has promised an equal opportunity to learn and thrive in our nation's schools free from sex discrimination,” said U.S. Secretary of Education Miguel Cardona. “These final regulations build on the legacy of Title IX by clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights.”
The final regulations advance Title IX's promise of ensuring that no person experiences sex discrimination, including sex-based harassment or sexual violence, in federally funded education. The final regulations restore and strengthen vital protections for students, and provide schools with information to meet their Title IX obligations while offering appropriate discretion and flexibility to account for variations in school size, student populations, and administrative structures. The final regulations also require schools to take prompt and effective action when notified of conduct that reasonably may constitute sex discrimination in their education programs or activities. The final regulations also reaffirm the Department's core commitment to fundamental fairness for all parties, the rights of parents and guardians to support their minor children, and respect for complainants' autonomy.
The final regulations:
Protect against all sex-based harassment and discrimination. The final rule protects all students and employees from all sex discrimination prohibited under Title IX, including by restoring and strengthening full protection from sexual violence and other sex-based harassment. The rule clarifies the steps a school must take to protect students, employees, and applicants from discrimination based on pregnancy or related conditions. And the rule protects against discrimination based on sex stereotypes, sexual orientation, gender identity, and sex characteristics.
Promote accountability and fairness. The final rule promotes accountability by requiring schools to take prompt and effective action to end any sex discrimination in their education programs or activities, prevent its recurrence, and remedy its effects. The final rule requires schools to respond promptly to all complaints of sex discrimination with a fair, transparent, and reliable process that includes trained, unbiased decisionmakers to evaluate all relevant and not otherwise impermissible evidence.
Empower and support students and families. The final rule protects against retaliation for students, employees, and others who exercise their Title IX rights. The rule requires schools to communicate their nondiscrimination policies and procedures to all students, employees, and other participants in their education programs so that students and families understand their rights. The rule supports the right of parents and guardians to act on behalf of their elementary school and secondary school children. And the rule protects student privacy by prohibiting schools from making disclosures of personally identifiable information with limited exceptions.
Las regulaciones finales del Título IX parecen una medida superficial del Departamento de Educación de EE. UU. para abordar la discriminación sexual. Aunque prometen equidad y protección, su eficacia y compromiso real con la igualdad son cuestionables. La retórica positiva no oculta su falta de acción concreta para abordar las profundas desigualdades en la educación.
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