Biden administration Title IX regulations that strengthen protections for LGBTQ+ students cannot be enforced by the federal government at five Delaware schools as the new rules continue as the subject of legal challenges across the country.
The regulations expand the scope of Title IX, the landmark 1972 law that protects students and educators from sexual harassment and discrimination at institutions that receive federal funding. They widen the breadth of complaints schools must investigate and set protections on the basis of sexual orientation and gender identity, as well as pregnancy or related conditions.
Released by the Biden administration in April, the regulations were met with a surge of legal filings from Republican attorneys general and right-wing organizations. When the new rules took effect on Aug. 1, the federal government could enforce them in only 24 states due to the legal proceedings.
The rules took effect in Delaware, but an injunction from a U.S. District Court judge in Kansas in July blocked the regulations from being enforced in schools attended by the children of current or prospective members of Moms for Liberty, as well as two other groups, Young America's Foundation and Female Athletes United.
In Delaware, those schools are John R. Downes Elementary School in Newark, Forest Oak Elementary School in Stanton, Odyssey Charter School in Wilmington, Delcastle Technical High School in Prices Corner and Saint Mark's High School in Pike Creek.
The schools remain under the 2020 regulations implemented by former President Donald Trump, which raised the threshold for victims to prove discrimination and sexual misconduct.
The Biden administration had asked the Supreme Court to allow provisions of its new Title IX rules that were not being challenged to take effect while it appeals lower-court decisions blocking the rules. The Supreme Court on Friday declined the request .
The rules do not broach the question of whether transgender athletes must be allowed to play on sex-separated sports teams.
Delaware filed an amicus brief with several other states in support of the new regulations.
Why is Moms for Liberty opposed?
Moms for Liberty, in a news release, argued that the new regulations will impact free speech for students and promote what they believe is an emerging culture of "gender ideology," or the idea rejected by conservative organizations that people can identify as transgender, nonbinary or other identities.
What protections do Delaware students have?
In addition to Title IX, Delaware state code states that no one "shall on the basis of race, color, religion, national origin, sex, sexual orientation, genetic information, marital status, disability, age or Vietnam Era veteran's status be unlawfully excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving approval or financial assistance from or through the Delaware Department of Education."
More information on Title IX in Delaware can be found on the Department of Education website .
Which Delaware schools are blocked from new rules?
- John R. Downes Elementary School, Newark
- Forest Oak Elementary School, Stanton
- Odyssey Charter School in Wilmington
- Delcastle Technical High School in Prices Corner
- Saint Mark's High School in Pike Creek
Lily Altavena of the Detroit Free Press contributed reporting.
Brandon Holveck reports on high school sports for The News Journal. Contact him at bholveck@delawareonline.com .
This article originally appeared on Delaware News Journal: Delaware enters academic year with new Title IX rules, but not at these 5 schools
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