Trump Administration Abandons Attempt to Alter Title IX Rule Via Energy Department Regulation
The U.S. Department of Energy (DoE) has withdrawn a proposed rule change under Title IX, a federal law prohibiting sex discrimination at schools, following a surge of critical comments from the public.
One of the proposed rule changes would have revoked a provision requiring new, department-funded construction to be accessible to people with disabilities. Another would have rescinded the requirement to provide information in languages other than English when needed. A third proposal sought to remove the requirement for recipients of department funds not to run their programs in a way that might have discriminatory effects, a concept known as disparate impact.
The DoE spokesperson, whose name remains undisclosed, announced the withdrawal of the rule change regarding students' participation in non-contact sports on September 10, 20XX. The spokesperson did not respond to a request for comment regarding whether they would try to propose the same change again.
The Energy Department's rule change attracted more than 21,000 comments, many of them sharply critical. A group of administrative law experts submitted a comment raising concerns about the DoE's use of direct final rulemaking for the Title IX rule change, bypassing the formal public comment period typically required for major regulations or changes.
The proposed rule changes are currently delayed, but as of the article's publication, the DoE has not precluded itself from proposing similar changes in the future. It is important to note that a comparable Education Department rule with the equal opportunity requirement for noncontact sports remains in effect.
Roughly 300 universities and 80 school districts receive Energy Department funds. In May, the DoE proposed several other changes to its nondiscrimination rules for recipients of agency funding, using the same process. The rule change proposed to take effect in July unless it received "significant adverse comments."
The Energy Department's rule change came amidst actions taken by the Trump administration against schools, states, and athletic leagues regarding transgender student-athletes, with the Health and Human Services and Justice departments being involved.
The withdrawal of the rule change marks a temporary reprieve for those advocating for equal access and opportunities for all, but the possibility of future rule changes remains. The public will continue to monitor the situation closely.
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