In Part 1 of this series, we discussed the current administration's goal of publishing two new rules to Title IX that would protect LGBTQ+ students and further clarify Section 504 for students with disabilities.  

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.  

Title IX Updates Protect LGBTQ+ Students 

In the long-awaited Title IX regulation updates, the Education Department is hoping to protect LGBTQ+ and pregnant students and employees from discrimination by the school, its employees, or students, or at any of the school's events or activities. This would be the first time any of these individuals would be protected under Title IX.   

The new regulations would offer: 

• A definition of sexual harassment, which includes sexual assault, dating violence, and stalking.  
• A definition of sex-based harassment, which will include harassment based on gender identity, sexual orientation, sex stereotypes, sex characteristics, and pregnancy and related conditions. 
• An expanded definition of sex-based conduct to include harassment that is sufficiently severe or inescapable, based on the entirety of the circumstances when evaluated subjectively and objectively. 

Other changes to Title IX will include: 

• Who can file Title IX complaints? 
• The definition of a complaint. 
• An informal resolution process prior to – or without – a formal complaint being made. 
• Specifications for who can trigger a Title IX case – like confidential employees.  
• New protections for pregnant students and employees or those who are recovering from medical conditions related to termination of pregnancy.  

Section 504 Updates for Students with Disabilities 

According to disability advocates, Section 504 has needed to be updated for decades, including aligning its rules and procedures with other disability laws, such as the Individuals with Disabilities Education Act (IDEA). As of right now, some students with disabilities qualify for services under the IDEA and Section 504.  

While both regulations endeavor to help students with disabilities succeed in school, the IDEA is more focused on providing accommodations to help a child succeed academically and socially, and Section 504 is focused on preventing schools from discriminating against children with disabilities. Unfortunately, their individual uniqueness is often misunderstood, which could be the reason that Section 504 and the IDEA serve mostly white males.  

The proposed Section 504 updates hope to include clearer explanations on: 

• Accessing medical care, such as organ transplantation and life-sustaining treatment.  
• Child welfare programs and activities. 
• Accessible technology. 
• Accessible medical equipment. 
• Use of trained services animals except. 

The Lento Law Firm Advocates for Students 

The Lento Law Firm understands how confusing education law regulations can be, especially when you are stressed and overwhelmed by disciplinary charges or unable to succeed in your academics. As such, we advocate fervently for our students and their families to hold schools accountable. You do not have to navigate these proceedings alone. Call 888-535-3686 today or schedule a consultation online.