Title IX Amendment Might Jeopardize School Lunch Deal as Opposition Increases
Since its passing 50 years ago, Title IX has paved the way for numerous advancements toward inclusivity, improving access to education, programs, and resources for those who would have otherwise been unable to receive them. Now, the Biden administration is looking ahead to amend the Title IX language from Trump-era changes to expand protections for LGBTQ youth, along with a deal to help extend school lunch program funding.
Though, some republican leaders are hesitant to accept the changes to Title IX and are targeting the school lunch funding deal in opposition.
Title IX is the federal law prohibiting sex-based discrimination in any education program or activity receiving federal financial assistance, either directly or indirectly. Under proposed amendments to Title IX by the Department of Education, the definition of sex will be interpreted to include sexual orientation and gender identity. This would make it clear that discrimination against transgender students would be a violation of federal law.
“The Department is deeply committed to ensuring that schools are providing students with educational environments free from discrimination in the form of sexual harassment; to ensuring that schools have grievance procedures that provide for the fair, prompt, and equitable resolution of reports of sexual harassment and other sex discrimination,” says Catherine E. Lhamon, U.S. Department of Education assistant secretary for civil rights, “and to addressing discrimination based on sex, including sexual orientation and gender identity, in educational environments.”
On Tuesday, June 19, a $3 billion bipartisan deal was announced to help extend funding for school lunch programs nationwide. The National School Lunch Program is established by the Food and Nutrition Act, receiving federal funding to provide lunch services to over 21 million children daily. In guidance by The Department of Agriculture, schools receiving federal nutrition money will need to specifically ban discrimination based on sexual orientation and gender identity.
Despite this prospective progress, some are in opposition. Republican Senator Roger Marshall says he is considering blocking school meal funding over the proposed changes to Title IX.
“I’m just afraid that schools in Kansas won’t have school lunches because of this administration’s radical view on transgender issues,” Marshall says in an interview with Politico. “And I’m afraid that they’re going to raid the school lunch program over that issue.”
Florida Governor Ron DeSantis, also opposing the Title IX amendments, told Politico he believed that the Biden administration was “trying to deny school lunch programs for states that don’t do transgender ideology in the schools.” The guidance however only extends to schools’ lunch programs, meaning the funding would only be revoked if that program denied a student food based on their sexual orientation or gender identity.
“It is, therefore, the policy of my Administration to combat unlawful discrimination and eliminate disparities that harm LGBTQI+ individuals and their families,” President Biden says, “Defend their rights and safety, and pursue a comprehensive approach to delivering the full promise of equality for LGBTQI+ individuals, consistent with Executive Order 13988 of January 20, 2021 (Preventing and Combating Discrimination based on Gender Identity or Sexual Orientation).
Being in a healthy, supportive, and welcoming school environment that has inclusive policies can help LGBTQ youth thrive and reduce increased negative health outcomes, including poor mental health and high-risk substance abuse.
“The Supreme Court has upheld the right for LGBTQ+ people to live and work without fear of harassment, exclusion, and discrimination—and our LGBTQ+ students have the same rights and deserve the same protections.” says Miguel Cardona, U.S. secretary of education. “Today, the Department makes clear that all students—including LGBTQ+ students—deserve the opportunity to learn and thrive in schools that are free from discrimination.”
The release of the Title IX ruling is anticipated later this month and could not come sooner. It would help to ensure nondiscrimination policies reflective of diverse gender identities and sexual orientations, along with providing equal access to educational opportunities and programs for LGBTQ students.
