On June 15, 2022, President Biden released an Executive Order (EO) aimed at promoting equality for the LGBTQI+ community by addressing the disparities and barriers these individuals face across many societal contexts. Specifically, the EO indicates a commitment to strengthening the supports and policies in schools and educational programming for LGBTQI+ students.
Please note: This EO is NOT what we’ve been talking about regarding new Title IX regulations which, at least as forecast by the administration, could be released by the end of the month. (Of course, those regulations were originally scheduled to be released in April 2022, so take the anticipated timeline for what it is worth.) You’ve probably seen the “50 Years of Title IX'' information across social media, so perhaps the timing won’t be a coincidence. We’ll certainly have an update if/when new Title IX regulations are released, but for now, we want to give you some initial thoughts on this newest EO concerning schools and LGBTQI+ considerations from the administration.
To get first to what you are all wondering, the EO does not require any action by schools at this time. Rather, it directs U.S. Secretary of Education Cardona to develop and release “sample policies” to support LGBTQI+ students' well-being and academic success. The Department of Education is supposed to provide the sample policies within 200 days. While nothing in the EO changes current laws, we have no doubt the Department of Education will encourage schools to adopt these policies.
Secretary Cardona must also establish Working Groups regarding LGBTQI+ Students and Families. These Working Groups will aim to develop and promote “guidance” around issues like bullying and harassment and identify practices to make health and mental health services accessible and inclusive. There is also a focus on seeking funding opportunities for programming that will aid in improving those educational and health-based outcomes. Finally, the EO addresses ways to provide more robust support services for LGBTQI+ students experiencing homelessness.
Overall, the EO highlights the administration's continued focus on promoting LGBTQI+ rights across not only the educational sphere but many other aspects of society. There are no actionable items from the EO for school districts to take at this time, but stay tuned. You probably recall the series of EO’s President Biden signed upon taking office addressing these issues, and this is another in the line of actions we expected to see form the administration. Of course, if any new guidance or regulations have requirements for schools, we’ll keep you posted. In the meantime, if you have any questions, please feel free to contact us at ksb@ksbschoollaw.com or (402) 804-8000.