Fall 2024 Issue

School Social Work: Understanding the Latest Title IX Updates
By Sue Coyle, MSW
Social Work Today
Vol. 24 No. 4 P. 8

Effective August 1, the Title IX 2024 final rule attempts to protect students from sexual harassment and discrimination.

Title IX of the Education Amendments of 1972 seeks to protect students from discrimination on the basis of sex in educational programs and activities. When it was first written and signed into law more than 50 years ago, Title IX, which applies to federally funded educational programs, was largely aimed at postsecondary education, where men far outnumbered women as students and as professors. It was meant to open doors that had been locked to women, and over time, it has had a significant impact in that regard.

However, also over time, society’s understanding of sex, gender, and discrimination has evolved. Supporting and protecting students does not simply mean that women are present where men always have been but rather that individuals of all genders not only are welcomed in educational institutions from elementary to postsecondary but also are safe, supported, and offered the same opportunities.

Title IX has also changed and been challenged over the past half-century to varying degrees, both good and bad. Kim McKay, PhD, a lecturer at a school of social work in Pennsylvania, notes that within the last 15 years alone, Title IX saw the Obama Administration’s Dear Colleague letter in 2011, an official correspondence that detailed the administration’s interpretation of Title IX and emphasized the fact that sexual violence is included in the sexual harassment Title IX protects against. The letter was followed by guidance documents from the same administration in 2017. The Trump administration rescinded the guidance, and “In 2020, they issued a very prescribed version on what needs to happen for the hearing process when there is an accusation of sexual violence. And now, in 2024, we have an 800-page document, the impact of which will be determined by school interpretation and implementation,” they say.

That 800-page document is a final rule from the Biden Administration that was issued in April of this year and became effective on August 1, 2024. It’s meant to be a step forward, but critics say it is not explicit enough in protecting students who are LGBTQ+, specifically those who are transgender. Understanding what the final rule does and does not do can help social workers better support their students through this update and the next.

2024 Final Rule
The April rule, as described by the US Department of Education, is meant to enhance Title IX regulations not only so that all students are protected from sex-based harassment and discrimination but also so that perpetrators are held accountable. There’s an emphasis on the need for schools to respond quickly and effectively when a complaint is filed and to proceed with transparency and reliability.

The Department of Education further clarifies that “The final rule protects against retaliation for students, employees, and others who exercise their Title IX rights. … And the rule protects student privacy by prohibiting schools from making disclosures of personally identifiable information with limited exceptions.”1

The new regulations differ significantly from those issued during the Trump administration, which many believed discouraged victims from filing complaints as they offered increased protection for the accused.

“I believe this is a step forward,” says Terriyln Rivers-Cannon, MSW, EdS, EdD, a school social worker in Georgia and president of the School Social Work Association of America. “Our children often feel lost, unable to report what’s happening. We must create a climate where students feel safe and empowered. They should always feel comfortable coming forward, knowing their concerns will be taken seriously and addressed promptly and appropriately.”

In addition to the regulations concerning reporting, the final rule is meant to enhance protections for LGBTQ+ students and does so, in part, by updating the definition of sexual harassment. The definition now specifically states that sexual harassment includes that which is based on sexual orientation and/or gender identity.

“Looking at this, I will take the Department of Education at their word that this is to better protect students from harassment. Students can learn better in environments where they don’t feel discriminated against in. I appreciate any measure to improve this,” McKay says.

What’s Missing
The 2024 updates, however, do not have everything that was desired. In particular, they don’t address discrimination against transgender and nonbinary athletes. The Trevor Project cites that “64% of transgender and nonbinary young people reported being discriminated against in the past year due to their gender identity, and dozens of states across the US have implemented laws that ban these young people from participating in school sports.”2

At present, 24 states have laws banning transgender youth from playing in a sport that’s consistent with their gender identity. A 25th has regulations prohibiting it. Even in states where there are no laws or regulations passed at the state level, there may be more local efforts that are prohibitive. For example, in June, Nassau County of New York passed a law banning women’s and girls’ teams from using facilities within the county unless those teams exclude transgender women.

It was hoped that President Biden’s Title IX rule would help stop or at least slow the increasing amount of legislation against transgender athletes and protect them from further discrimination and harassment.

According to McKay, some believed that the Biden Administration was waiting until after the fall election to address the topic further. It is unclear how Harris’ candidacy will affect their plans. However, Title IX was not listed as a top priority for President Biden in his final months in office.

Implementation and Opposition
The implementation of the final rule may also leave something to be desired. On June 17, a federal judge in Kentucky issued a preliminary injunction blocking it from taking effect on August 1 as planned in six states. Just days earlier, a judge in Louisiana had done the same for four other states.

Multiple lawsuits have been filed since the rule was released in April by numerous states’ attorneys general, all of which are considered politically conservative, objecting to the changes.

In addition to her reaction to the lawsuits and subsequent injunctions, Amy Hillier, MSW, PhD, an associate professor at the School of Social Policy & Practice at the University of Pennsylvania, is also concerned about how recent Supreme Court rulings will affect students. “I’m just reading about the Chevron decision issued by the Supreme Court today, which will likely jeopardize the Biden-Harris Administration’s interpretation of Title IX. I expect families with transgender children will continue to live with great uncertainty for many years, and poorly conceived politically motivated antitrans state laws will continue to dictate who children are allowed to be based on the state in which they live,” she says.

The ruling for the case Hillier references was delivered on June 28. The decision gives more power to the courts and limits that of federal agencies, overturning a 1984 decision in Chevron USA Inc v. Natural Resources Defense Council.

Even if/when the final rule goes into effect, how it’s implemented depends on the school district or institute of higher education. Thus, the impact on students and both their real and perceived safety may vary drastically, not just from state to state but from ZIP code to ZIP code.

Supporting the Students
For social workers, then, it’s vital that support be given to students—at all levels. “We need social workers advocating at the state level and, ideally, serving at state legislators and involved in drafting state laws that protect children. We need social workers to serve on school boards and as school administrators, helping to develop and implement school policies that protect transgender children.”

Rivers-Cannon adds that social workers can also advocate by participating in events such as School Social Work Association of America’s Delegate Assembly and Legislative Institute. These gatherings allow social workers to share knowledge and information with each other before engaging with representatives, legislators, and senators on Capitol Hill.

In more direct service, “We need clinically trained social workers to be prepared to support families and their transgender children through therapy, pediatric care, and in schools, as they face deep uncertainty around the legal protections for trans kids. This means that knowledge about gender (and sexuality) and experience working with trans children and their families must be integrated into social work curriculum and practicum,” Hillier says.

And through it all, whether a social worker is on the Hill or in a college or an elementary school, they must remember first and foremost the student.

“I think it’s important to imagine being a young person or a young adult. Imagine that policymakers are debating your identity and what you can and cannot do in school, and these debates happen frequently, and the outcomes change depending on who has won an election,” McKay implores. “Constantly, your lived experiences are under attack. While I deeply appreciate the movement to continue to improve this, I worry so much about how these constant debates impact queer youth.”

— Sue Coyle, MSW, is a freelance writer and social worker in the Philadelphia suburbs.

References
1. US Department of Education releases final Title IX regulations, providing vital protections against sex discrimination. US Department of Education website. https://www.ed.gov/news/press-releases/us-department-education-releases-final-title-ix-regulations-providing-vital-protections-against-sex-discrimination. Published April 19, 2024.

2. Trevor News. The Trevor Project’s response to the Department of Education’s Title IX final rule. The Trevor Project website. https://www.thetrevorproject.org/blog/the-trevor-projects-response-to-the-department-of-educations-title-ix-final-rule/. Published April 19, 2024.