Anthony explains impact for school districts after OCR’s Notice of Interpretation on Title IX

Laura Anthony, Chair of Bricker & Eckler’s Education Practice Group, explains what the recent Notice of Interpretation from the U.S. Education Department’s Office of Civil Rights (OCR) means for school districts and compliance with Title IX in a District Administration article. The OCR’s interpretation explained “its enforcement of Title IX’s prohibition on discrimination on the basis of sex, including discrimination based on sexual orientation and gender identity.” The clarification stems from Bostock v. Clayton County, in which the U.S. Supreme Court reasoned “it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.”

Anthony said many federal court decisions “align with OCR’s classification that Title IX prohibits discrimination in education programs and activities based on gender identity and sexual orientation” so “districts should be mindful of those decisions and review their nondiscrimination policies and practices to ensure that they are consistent with the legal precedent in their jurisdiction.”