Indiana tells schools to ignore new federal LGBTQ+ protection guidance
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The U.S. Department of Education expanded protections for LGBTQ+ students under Title IX last month — but Indiana has told its schools to ignore the guidance.
Why it matters: Indiana is one of many states that passed legislation in recent years targeting the LGBTQ+ community, particularly children.
- A 2023 law requires schools to alert parents if their child requests a change to their name or pronoun, which teachers fear could force them to out transgender students, and earlier legislation blocked transgender girls from participating in girls' school sports.
Driving the news: Indiana's Department of Education advised schools "not to change their existing policies" in a memo last month, as first reported by WFYI.
- "IDOE is currently working with legal counsel to review these new regulations, which among other things expands the definition of "sex" in Title IX," the department said. "At initial review, these draft regulations will undoubtedly have major implications for Indiana schools and students and will likely be subject to legal challenges."
The fine print: The federal guidance adds protections against "discrimination based on sex stereotypes, sexual orientation, gender identity and sex characteristics."
- The deadline for schools to adopt the rules to remain compliant for federal funding is Aug. 1.
What they're saying: Kelley Robinson, president of the LGBTQ+ advocacy group the Human Rights Campaign, said in a statement that the new rule "makes it clear" that school districts are obligated "to protect students from discrimination."
- "In practice, this means students can use the bathroom and locker rooms consistent with their gender identity, can attend prom and other schools' dances with a same-sex date, and can depict LGBTQ+ families in the art they paint and in the stories they write," Robinson said.
- "It also means schools can't intentionally misgender students, create a hostile environment where LGBTQ+ students are bullied, or retaliate against students who complain of harassment or discrimination."
The other side: Indiana is one of several Republican-led states suing the U.S. Department of Education over the guidance, saying it will have "radical ramifications."
- "Congress intended Title IX to prevent discrimination against girls and women," Attorney General Todd Rokita said. "The point was to encourage increased participation by girls and women in middle school, high school and college athletics. Now leftists are trying to twist Title IX to codify the very kind of anti-woman prejudice and discrimination this law was originally intended to remedy."
What's next: The policy from the Biden administration does not address transgender athletes, and the federal DOE said its "rulemaking process is still ongoing for a Title IX regulation related to athletics."