Title IX Comments Needed

PUBLIC COMMENTS GUIDELINES

What you need to know:

Who? Anyone, an individual or institution, can submit comments to the U.S. Department of Education – even anonymously. You don’t have to have a certain background or experience in order to comment.

What? The Department of Education in Washington, D.C. recently released its proposed new rules regarding Title IX, a federal law from 1972 designed to prevent and remedy sex-based discrimination in educational institutions that receive federal funds.

Some anticipated but nevertheless dramatic proposed changes include broadening the traditional understanding of the term “sex” (designating male or female) to include “discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.”

These sweeping changes will open the floodgates to challenging issues in school sports, restrooms, private changing areas such as locker rooms, overnight trip accommodations, use of preferred pronouns, and more. If implemented, students will be able to file a hostile environment complaint to initiate invasive investigations into “sexual misconduct” under the newly expanded sexual discrimination or sexual harassment definitions.

Where? You can access the Department’s portal here to easily submit your comments online. Include the following docket ID number at the top of your comment:

ED-2021-OCR-0166 – Public Comment

When? Comments must be received on or before September 12, 2022.

Why? The Department is required by law to respond to each comment, and it does so by “bundling” topics into categories. Well-reasoned comments will push the Department to defend its proposal and may even cause the Department to reevaluate some of its positions.

SAMPLE TOPICS TO CONSIDER:

• How adding new categories of “sex discrimination” based on sexual orientation and gender identity is unnecessary and harmful to children
• How the proposed rules conflict with fundamental parental rights
• How the proposed rules endanger students’ safety, particularly females
• How the proposed rules violate students’ privacy, particularly females
• How the proposed rules would confuse and indoctrinate young children
• How the proposed rules would threaten girls’ athletic competition and scholarship opportunities
• How the proposed rules would infringe on students’ and teachers’ free speech rights
• How the proposed rules would infringe on students’ and teachers’ religious liberties
• How the proposed rules would burden the free exercise of religion
• How the proposed rules would create a disincentive to attend public schools
• How the proposed rules would create a negative economic impact
• How the proposed rules would create administrative chaos  
• How the proposed rules would increase costs of compliance
• How the proposed rules would create more division and hostility in schools
• How the proposed rules would chill speech and deter open debate on school campuses
• How the proposed rules would eliminate due process protections for students accused of sexual harassment or sexual discrimination
• How the proposed rules could create problems for student religious groups on campus who seek to follow a statement of faith that could be deemed offensive
• How the proposed rules should not be applied to introduce mature sexual content in a preschool environment
• How the proposed rules need to be tailored in an age-appropriate way for preschools
• How the proposed rules should not be interpreted to apply to church-run preschools
• How Title IX’s religious exemption must be applied to protect religious schools
  
  OTHER RESOURCES
• United States Conference of Catholic Bishops
• Alliance Defending Freedom
• Family Policy Alliance
• Parent Toolkit America First Policy Institute