Title IX is the piece of civil rights legislation that prohibits educational institutions (as long as they’re receiving federal funding) from discriminating on the basis of sex. However, the interpretation of that legislation has shifted over the years – and some college students who are also parents say that the latest interpretation is harming them.
This comes about after a lawsuit targeted the legislation for its protection of LGBT students, and a federal judge vacated the rules that were implemented in 2024.
Editorial Note: Our team at Parenting Patch strongly condemns politics that attack the LGBTQIA+ community. Our article focuses on affected parents because we are a parenting-based website that strictly reports on parenting-related issues.
The Current Student Complaints
Students across the U.S. have found that under the current enforcement of Title IX, they have new difficulties.
One student told NBC that she had asked for 20 minutes once per day during her schedule to pump breastmilk. She was taking a cosmetology course, and she could get by with a single break over the five hours of her day.
This would allow her to nourish her child with breastmilk and learn a trade that would enable her to support the baby. However, her school denied her that time, giving her only 15 minutes. She says she requested an accommodation for more time from the school’s Title IX coordinator but was denied.
Another student said she had to log in to classes from her hospital bed after giving birth, and another was denied an accommodation to take an exam on a different day when it was scheduled on her due date.
A Peek At The Timeline Of Title IX
Again, Title IX forbids discrimination based on sex but leaves wiggle room for interpretation. Under any given leadership, the Civil Rights Division and Department of Education might have specific guidance on what is and isn’t allowed.
Does denying a transgender student access to the bathroom that matches their identity fall under the law? What about denying a student bathroom time when she’s menstruating? Denying a pregnant student accommodations? Or how about failing to protect students from sexual assault and harassment on campus?
All of that can depend on interpretation.
So, in 2010, the Obama Administration’s Civil Rights Division issued guidance that denying certain rights to transgender students fell under illegal sex discrimination.
In 2017, the Trump Administration reversed that.
In 2024, the Biden Administration issued further guidance, issuing rules to protect trans students’ bathroom access, along with clarification of protections against discrimination based on sexual orientation and protections for students who are pregnant and students who are parents, according to the American Council on Education.
The Lawsuits Hit Over Student Rights
Here’s where the lawsuits come in, and everything gets tricky.
The lawsuits targeted the protection of transgender rights in the new guidance. The Biden Administration attempted to separate the issues so that the other protections could still be implemented, but the Supreme Court did not respond before the guidance went into effect, according to EdWeek. That means that when courts issued injunctions that would stop enforcement of the LGBT aspects, they also stopped enforcement of the rest of the guidance.
Then, in January, the Trump Administration reverted to the prior rules anyway, essentially tossing out all guidance issued during the Biden Administration.
The Current State Of Things
The guidance issued under each presidential administration is not the only way to clarify and affirm what is and isn’t covered under civil rights law.
Congress could pass legislation if there’s a consensus, or a lawsuit (like the aforementioned ones) could reach the Supreme Court, where the Justices could affirm what they interpret to be Constitutional.
For now, though, it means that if a school chooses not to accommodate a student who is pregnant or parenting, if they aren’t as diligent on dealing with sexual assault accusations as the 2024 guidance would have required, or they don’t allow trans students access to gendered spaces, they aren’t in violation of Title IX.
Advocates Want This To Change
An organization called A Better Balance filed a motion addressing how this legislation affects students. They hope that at some point, these protections can be implemented again. The organization says:
“Pregnant and parenting students often face unique challenges in balancing their health and caregiving needs while receiving an education and making ends meet financially. Education can help lay the groundwork for workers’ ability to thrive throughout their careers, and we know that ensuring students are supported at school and can learn in an environment free from discrimination and harassment can help them meet their educational goals and ultimately pursue more opportunities in the workforce.”
They also have a campaign releasing materials to make sure demographics who may face additional challenges in education and employment, including LGBTQ, POC, and young women, are aware of their rights.