At the beginning of President Biden's administration, the U.S. Secretary of Education, Miguel Cardona, and the Education Department began updating and overturning several regulations to advance racial equity and prevent LGBTQ+ discrimination. While many of their promises have been fulfilled, such as reopening schools that were closed because of COVID-19 or systematically reviewing how school districts discipline their students, they have been slower to update other regulations, like Title IX and Section 504. 

If you are unsure how these updates might affect you or your child, the Lento Law Firm Education Law Team can help. Call 888-535-3686 today or schedule a consultation online. 

What is Title IX? 

Title IX is a federal regulation that outlines how federally funded schools must investigate and discipline accusations of discrimination, including sexual misconduct. If they fail to follow these steps, they run the risk of losing their federal funding.  

Title IX was initially ratified in 1972 and has gone through several amendments over the last three administrations. The current administration initially tried to have their updates completed by March 2023. However, the process has been significantly slowed by the number of questions and comments on their proposals.  

Now, the Education Department is stating that it plans to issue its final updates to Title IX by March 2024. The first rule that the Education Department plans to add to Title IX includes protections for LGBTQ+ individuals, and the second outlines steps for including transgender students on athletic teams that align with their gender identities.  

What is Section 504? 

Section 504 is part of the Rehabilitation Act of 1973, which protects students from discrimination based on their disability and has not been updated in nearly 40 years. The Education Department's proposed update will impact how elementary, secondary, and post-secondary schools accommodate students with disabilities. For a student to qualify for Section 504 services, they must have one of the listed physical or mental impairments, such as impairments to speech organs, a cosmetic disfigurement, or a specific learning disability. 

Over the years, there has been confusion at the elementary and secondary school levels on how to incorporate Section 504 accommodations for students who also qualify for services under the Individuals with Disabilities Education Act (IDEA). While both regulations protect the civil rights of students with disabilities, there is disagreement between education administration advocates and disability rights advocates on whether they should be kept separate and distinct or include some sort of alignment in Section 504 to ensure the needs of the students are being met.  

The Lento Law Firm Advocates for Students 

The Lento Law Firm has spent years helping students around the country navigate the complexities of education law. We stand by our clients and their families to hold their schools accountable. If you have been accused of Title IX discrimination, or you believe your child's school should be providing them with more accommodations and services to help them succeed, Lento Law Firm can help. Call 888-535-3686 today or schedule a consultation online.