Providing for Congressional Disapproval of the Rule Submitted By the Department of Education Relating to ``Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance''
Floor Speech
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Ms. BONAMICI. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today to speak in strong opposition to H.J. Res. 165, a Congressional Review Act resolution to repeal the Biden- Harris administration's Title IX rule.
The administration's final Title IX rule does three things. First, it safeguards against all forms of sex-based harassment and discrimination by making several improvements to the 2020 Trump administration's Title IX rule. These include requiring schools to take prompt and effective acts to address sexual harassment as opposed to the lax Trump standard that a school's response just not be deliberately indifferent.
The new rule places the duty to report possible discrimination on more employees, in contrast to the old rule, which only required some employees to report when they had actual, not possible, knowledge of sexual discrimination or assault, and it recognizes that discrimination based on sex includes discrimination based on sexual orientation and gender identity following Supreme Court precedent.
Second, the Title IX rule promotes accountability and fairness in how schools respond to and discipline sex-based discrimination by mandating that schools handle complaints in a timely manner and implement a fair and transparent process.
Finally, this rule empowers students and families to exercise their rights under Title IX. The administration's Title IX rule explicitly protects sexual assault survivors and people affected by discrimination from retaliation for seeking to have their Title IX rights enforced.
Further, the rule guarantees access to supportive services for survivors of sexual assault and accused individuals and, despite what my colleagues repeatedly claim--I thought I was in the wrong debate for a minute--this rule does not address students' participation in sports.
This false narrative follows the many attacks against the LGBTQI+ community in this House and State legislatures across the country. We have had more than 60 anti-LGBTQI+ votes on the House floor this Congress, and it is a distraction to claim that this rule harms women in sports.
For example, the Department has not issued a separate proposed rule to address athletics. They are working on it, but it has not been finalized. That is not the debate we are having today.
Let me be clear: Trans girls like all girls deserve the opportunity to participate on school sports teams, but my colleagues across the aisle keep talking about athletics because they don't want to admit the truth behind this resolution. The resolution is an attempt to undermine nondiscrimination protections for LGBTQI+ students. LGBTQI students, including trans students, deserve to go to school free from discrimination, and that is what this rule is about.
It is not about bathrooms. In fact, the real risk of violence occurs when transgender people are barred from using the appropriate facility. Transgender people experience shockingly high rates of sexual and physical violence and are much more likely to be a victim than a perpetrator.
I am also extremely concerned about the false narrative that my colleagues have invented to portray trans individuals as criminals attempting to enter restrooms to harm others. That is not supported by evidence or data.
Transgender people want the same thing everyone else wants: safety, comfort, and privacy. We must work to protect the transgender community from discrimination and stop the false narratives that exacerbate and encourage prejudice against innocent people.
This bill is particularly extreme because passing it would prevent any substantially similar rule from being enacted on these issues in the future. Voting for this bill would prohibit protections for sexual assault survivors and protections against discrimination on the basis of sexual orientation or gender identity in schools that receive Federal funding.
If Republicans truly cared about protecting women and children, they would stop this prejudiced rhetoric and take action on bills that would actually protect women from discrimination and harassment and defend women's reproductive healthcare, make childcare more affordable, and preserve opportunities in workplaces for all parents, especially women.
Instead, this joint resolution is another attempt to undercut this administration's efforts to empower survivors and protect all Americans from discrimination.
I do want to note that this is another plank in the extremist Project 2025 takeover of government that will sanction discrimination and strip Americans of their rights and freedoms. That is on page 333 if you are looking for it.
I also note that yesterday my Republican colleagues were supporting dignity for dishwashers. I implore all of you to show some dignity to the LGBTQI students who just want to go to school and learn free from discrimination. Show some dignity to the girls and women who survive sexual assault and deserve justice.
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Ms. BONAMICI. Madam Speaker, I will note that the Bostock case did not expressly rule, but they did not say it does not apply. The issue is not before them, and that is why several courts have actually extended the ruling from Bostock to other civil rights laws.
Madam Speaker, I yield 2 minutes to the gentlewoman from Hawaii (Ms. Tokuda).
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Ms. BONAMICI. Madam Speaker, I yield an additional 20 seconds to the gentlewoman from Hawaii.
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Ms. BONAMICI. Madam Speaker, in making these important decisions, it is important to rely on experts like child psychiatrists and pediatricians.
I yield 2\1/2\ minutes to the gentlewoman from Washington (Ms. Jayapal), my colleague from the Education and the Workforce Committee.
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Ms. BONAMICI. Madam Speaker, before yielding to Mr. Takano, I reiterate that this rule is not about athletics. There is a separate rule being drafted about addressing athletics. This is not it.
Also, I am concerned about the scare tactics that are being used. Studies show that allowing trans people to use facilities consistent with their gender identity does not result in increased safety risks. Nondiscrimination laws do not allow men to go into women's bathrooms, period. The claim that allowing transgender people to use facilities that match the gender they live every day allows men into women's bathrooms or women into men's bathrooms is based on a flawed understanding of what it means to be a transgender person or a misrepresentation of the law. The real risk occurs when transgender people are barred from using the appropriate facilities.
Madam Speaker, I yield 2\1/2\ minutes to the gentleman from California (Mr. Takano), my colleague from the Education and the Workforce Committee.
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Ms. BONAMICI. Madam Speaker, I yield 2\1/2\ minutes to the gentleman from Virginia (Mr. Scott), the ranking member of the full committee.
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Ms. BONAMICI. Madam Speaker, I yield myself such time as I may consume.
I just want to point out that it is definitely not the first time that the definition of discrimination based on sex included sexual orientation and gender identity, because Trump-appointed Justice Neil Gorsuch did exactly that in the Bostock v. Clayton County case.
I also note that in this resolution, they are saying it is going to hurt girls and women. It absolutely will not. It is going to strengthen protections for girls and women because it ensures colleges and universities properly address sexual violence, violence that disproportionately impacts girls and women. The rule clarifies protections for pregnant and parenting students, and the rule explicitly clarifies protections for the LGBTQI community, including lesbian, bisexual, and transgender girls and women.
As Representative Jayapal said, these rules and protections have been in effect in many States, and the sky is not falling. People are free from discrimination in those places.
Republicans are just repeating the lie that they are standing up for women to hide from the radical antiwomen agenda. You don't have to take our word for it. Leading gender justice organizations, like the National Women's Law Center, the American Association of University Women, and Girls Inc., all oppose this resolution to repeal the Title IX rule. That is why these groups, and more than 100 organizations working to advance gender justice, LGBTQI rights, civil rights, and student rights have written to Congress urging us to oppose this resolution.
Madam Speaker, I include in the Record a letter from the Coalition of Gender Justice, LGBTQI+ rights, civil rights, and student rights groups, opposing H.J. Res. 165. June 13, 2024. Re Coalition of Gender Justice, LGBTQI+ Rights, Civil Rights, and Student Rights Groups Urges Members to Oppose H.J. Res. 165
Dear Member of Congress: The undersigned organizations who work to advance gender justice, LGBTQI+ rights, civil rights, and student rights urge you to oppose H.J. Res. 165, and its companion legislation in the Senate, which would undo the U.S. Department of Education's recently published final rule that strengthens Title IX's protections against sex-based discrimination in federally funded schools. Not only would H.J. Res. 165 overturn the entirety of the protections set out in the rule, it would prevent any future effort to reinstate any of these protections. This effort must be rejected, as the U.S. Department of Education's recently finalized rule reinforces and restores Title IX's protections, ensuring that every student has the right to a safe and welcoming learning environment, free from sex discrimination, including LGBTQI+ students, survivors of sexual assault and other sex-based harassment, and pregnant and parenting students.
The updates clarify that Title IX protects against discrimination on the basis of sexual orientation and gender identity. With a staggering 83% of LGBTQI+ youth reporting in school victimization--and 62% of those who have faced victimization never reporting an incident to school staff-- the Title IX updates will clarify remedies for students facing all types of sex-based harassment and hold school officials accountable for fostering safer school environments. This regulatory clarification ensures that LGBTQI+ youth will be able to equally participate in educational opportunities, from being able to attend prom with a date of their choice and wearing clothes that reflect their gender expression to using a restroom that corresponds with their gender identity.
We collectively reject the false narrative that equal educational opportunity for transgender and non-binary students undermines protections for cisgender girls and women. Transgender women are women and transgender girls are girls who deserve the full protection of federal civil rights law. Policies that seek to undermine protections for transgender women and girls--whether in accessing school restrooms or playing sports--harm all women and girls by allowing them to be subjected to unwarranted and inappropriate scrutiny. This scrutiny also falls particularly hard on women and girls of color who do not follow white standards of womanhood, and any cisgender woman or girl who fails to conform to sex-based stereotypes of femininity because of how they look or act. Further, schools across the country have had gender identity nondiscrimination policies in place for years without any issue, and comprehensive nondiscrimination policies that explicitly enumerate gender identity are associated with safer school environments that result in lower rates of discrimination. Such policies are especially critical for sex-separated spaces such as bathrooms and locker rooms. Transgender and nonbinary students avoid sex-separated spaces at higher rates than their LGBQ+ peers, and delayed use of bathrooms can result in adverse impacts on a youth's physical and physiological state, mental health, and academic success and attention at school. Forcing transgender and nonbinary students into sex- separated spaces that are inconsistent with their gender identity may result in increased risk of bullying and physical harassment. In fact, survivor-led organizations and anti-sexual assault and domestic violence organizations support full and equal access for transgender people to use restrooms and locker rooms that align with their gender identity.
Additionally, the Title IX rule reverses the Trump administration's 2020 Title IX rule that significantly weakened protections for student survivors seeking help in the wake of their victimization and incentivize schools to further sweep sexual harassment and assault under the rug. Undoing the 2020 Title IX rule brings justice to survivors by ensuring they are not denied their right to educational opportunities in the wake of sexual assault or harassment. The updates to the Title IX rule no longer allow schools to ignore many reports of sexual assault and remove unfair hurdles uniquely faced by student survivors in their schools' investigations--hurdles that students and employees complaining about any other type of misconduct do not have to experience.
Lastly, the updates to the Title IX rule provide greater clarity on pregnant and parenting students' rights, including affirmative steps schools must take to ensure those students are aware of their rights. Schools must provide reasonable accommodations, such as the ability to take breaks and access to a sanitary and private lactation room. According to the CDC, roughly 50% of teenagers who become pregnant and give birth withdraw from school and do not receive their high school diplomas by age 22. Research indicates that discrimination plays a major role in students having to withdraw early from school, despite pregnant and parenting students earning higher GPAs than their non-parenting peers. These Title IX rule clarifications are much-needed to ensure pregnant and parenting students have a right to equal education opportunities.
Every student deserves to have an education free from discrimination and harassment, including on the basis of sex. We urge you to oppose H. Res. 165, and any efforts to undermine this milestone rule that ensures equal educational opportunity for LGBTQI+ students, survivors of sexual assault and harassment, and pregnant and parenting students. Sincerely,
A Better Balance, AFT, All* Above All, Alliance for Girls, American Association of University Women, American Atheists, American Humanist Association, American Psychological Association, Arab American Institute (AAI), Ascend, Athlete Ally, Autistic Self Advocacy Network, CA LGBTQ Health and Human Services Network, Center for WorkLife Law, CenterLink: The Community of LGBTQ Centers, Chicago Alliance Against Sexual Exploitation (CAASE), Clearinghouse on Women's Issues, Clery Center, Colorado Teen Parent Collaborative, Doctors for America.
EdTrust, Education Law Center, Education Law Center Pennsylvania, End Rape On Campus, Equal Rights Advocates, Equality California, ERA Coalition, Esperanza United, Family Equality, Feminist Majority Foundation, Generation Hope, Girls Inc., GLAAD, GLSEN, Guttmacher Institute, Healthy Teen Network, Human Rights Campaign, Human Rights First, Immigration Equality, Institute for Women's Policy Research.
interACT: Advocates for Intersex Youth, Ipas, It's On Us, Japanese American Citizens League, Jewish Women International, Just Solutions, Justice and Joy National Collaborative (formerly National Crittenton), Know Your IX, Advocates for Youth, Legal Momentum, The Women's Legal Defense and Education Fund, Los Angeles LGBT Center, MomsRising, Monsoon Asians & Pacific Islanders in Solidarity, Movement Advancement Project, Mujeres Latinas en Accion, National Asian Pacific American Women's Forum, National Association of Councils on Developmental Disabilities, National Association of Social Workers, National Center for Lesbian Rights, National Center for Parent Leadership, Advocacy, and Community Empowerment (National PLACE), National Council of Jewish Women.
National Education Association, National Latina Institute for Reproductive Justice, National LGBTQI+ Cancer Network, National Organization for Women, National Women's Law Center, National Women's Political Caucus, Network for Victim Recovery of DC (NVRDC), Nevada Coalition to End Domestic and Sexual Violence, PFLAG National, Population Institute, Public Justice, Reproductive Freedom for All (formerly NARAL Pro- Choice America), Rocky Mountain Victim Law Center, Sexual Violence Prevention Association (SVPA), Silver State Equality-Nevada, Stop Sexual Assault in Schools, Supermajority, Tahirih Justice Center, The Trevor Project, Trans Empowerment Project.
Trans Formations Project, Transgender Law Center, Ujima, The National Center on Violence Against Women in the Black Community, UltraViolet, Victim Rights Law Center, VOICEINSPORT Foundation, Women's March, Women's Sports Foundation, YWCA USA.
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Ms. BONAMICI. Madam Speaker, I yield myself such time as I may consume.
I just want to note that there are so many groups, domestic violence and sexual assault organizations, such as the National Alliance to End Sexual Violence, National Center on Domestic and Sexual Violence, that have all signed onto a national consensus statement of anti-sexual assault and domestic violence in support of full and equal access for the transgender community.
They noted: Nondiscrimination laws do not allow men to go into women's restrooms or locker rooms, period. The claim that allowing transgender people to use the facilities that match the gender they live every day, that it allows men into women's bathrooms or women into men's, is based on a flawed understanding of what it means to be transgender.
I will note that out of approximately 110,000 collegiate athletes, there are approximately 35 who identify as transgender.
Nondiscrimination laws protecting transgender people have existed for a long time. In some cases, these protections have been in place for decades. The laws have protected people from discrimination without creating harm. None of those jurisdictions have seen a rise in sexual violence or other public safety issues due to nondiscrimination laws.
Assaulting another person in a restroom or a changing room or a locker room is against the law in every State, including under this rule.
I include in the Record a letter from the National Task Force to End Sexual and Domestic Violence Against Women in opposition to this resolution and in support of full and equal access for the transgender community. National Task Force to End Sexual and Domestic Violence Against Women, April 21, 2016. NATIONAL CONSENSUS STATEMENT OF ANTI-SEXUAL ASSAULT AND DOMESTIC
VIOLENCE ORGANIZATIONS IN SUPPORT OF FULL AND EQUAL ACCESS FOR THE TRANSGENDER COMMUNITY
We, the undersigned sexual assault and domestic violence organizations, oppose anti-transgender initiatives. These initiatives utilize and perpetuate the myth that protecting transgender people's access to restrooms and locker rooms endangers the safety or privacy of others. As organizations that care about reducing assault and violence, we favor laws and policies that protect transgender people from discrimination, including in accessing facilities that match the gender they live every day.
States across the country have introduced harmful legislation or initiatives that seek to repeal non- discrimination protections or restrict transgender people's access to gender-specific facilities like restrooms. Those who are pushing these proposals have claimed that these proposals are necessary for public safety and to prevent sexual violence against women and children. As rape crisis centers, shelters, and other service providers who work each and every day to meet the needs of all survivors and reduce sexual assault and domestic violence throughout society, we speak from experience and expertise when we state that these claims are false.
Nondiscrimination laws protecting transgender people have existed for a long time. Over 200 municipalities and 18 states have nondiscrimination laws protecting transgender people's access to facilities consistent with the gender they live every day. In some cases, these protections have been in place for decades. These laws have protected people from discrimination without creating harm. None of those jurisdictions have seen a rise in sexual violence or other public safety issues due to nondiscrimination laws. Assaulting another person in a restroom or changing room remains against the law in every single state. We operate and advocate for rape crisis centers and shelters all over the country, including in cities and states with non- discrimination protections for transgender people. Those protections have not weakened public safety or criminal laws, nor have they compromised their enforcement.
Nondiscrimination laws do not allow men to go into women's restrooms--period. The claim that allowing transgender people to use the facilities that match the gender they live every day allows men into women's bathrooms or women into men's is based either on a flawed understanding of what it means to be transgender or a misrepresentation of the law.
It may be hard to understand the experiences of transgender people, especially if you have never met a transgender person. We believe in respecting the identities of transgender people. Transgender people live in a society that often discriminates against them and makes it much harder for them to participate in the routines of daily life.
The efforts to ban transgender people from using public restrooms obscures the fact that all of us, including transgender people, are deeply concerned about safety and privacy in restrooms. Transgender people already experience unconscionably high rates of sexual assault--and forcing them out of facilities consistent with the gender they live every day makes them vulnerable to assault. As advocates committed to ending sexual assault and domestic violence of every kind, we will never support any law or policy that could put anyone at greater risk for assault or harassment. That is why we are able to strongly support transgender-inclusive nondiscrimination protections--and why we oppose any law that would jeopardize the safety of transgender people by forcing them into restrooms that do not align with the gender they live every day.
It is natural to be concerned about safety and privacy. As advocates and survivors, we know the threat of sexual assault is real and pervasive. Every time we hear of someone who speaks of their assault or abuse, we feel their pain. The safety fears that many have, especially those who are survivors, are not baseless or irrational, nor should they be dismissed. However, discriminating against transgender people does nothing to decrease the risk of sexual assault.
Discriminating against transgender people does not give anyone more control over their body or security. Those who perpetuate falsehoods about transgender people and nondiscrimination laws are putting transgender people in harm's way and making no one safer. We cannot stand by while the needs of survivors, both those who are transgender and those who are not, are obscured in order to push a political agenda that does nothing to serve and protect victims and potential victims. We will only accomplish our goal of ending sexual violence by treating all people, including those who are transgender, with fairness and respect.
National Organizations:
9to5 National Association of Working Women, Alliance for HOPE International, Alliance for Strong Families and Communities, American Association of University Women, American Dance Therapy Association, American Psychological Association, Asian Pacific Institute on Gender Based Violence, Battered Women's Justice Project, Break the Cycle, Center for Women Policy Studies, End Violence Against Women International, Faith Trust Institute, Futures Without Violence, Hollaback!, Jewish Women International.
Just Detention International, Know Your IX, Legal Momentum, Men As Peacemakers, Men's Story Project, National Alliance for Partnerships in Equity (NAPE), National Alliance to End Sexual Violence, National Center for Victims of Crime, National Center on Domestic and Sexual Violence, National Coalition Against Domestic Violence, National Clearinghouse for Defense of Battered Women, National Council of Jewish Women, National Domestic Violence Hotline, National Housing Law Project, National Indigenous Women's Resource Center, National Latina@ Network: Casa de Esperanza.
National Network to End Domestic Violence, National Organization for Men Against Sexism, National Organization for Women, National Organization of Asian Pacific Islanders Ending Sexual Violence, National Organization of Sisters of Color Ending Sexual Assault, National Organization for Victim Assistance, National Resource Center on Domestic Violence, National Women's Law Center, Praxis International, Resource Sharing Project, Stop it Now!, Support Network of Advocates for Protective Parents, UltraViolet, Women of Color Network, YWCA.
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Ms. BONAMICI. Madam Speaker, I yield myself such time as I may consume.
I just want to respond to ``the natural laws of this world.'' It is not a new concept. There are two-spirit people in Native-American culture. There are hijra people in South Asia and many more in Judaism. For example, the Talmud, the sacred text, lists six genders. The sky is not falling.
I also note that the gentleman referred to redefining ``sex'' to include sexual orientation and gender identity as some sort of novel or woke concept. I suggest you take that up with the Trump-appointed Justice Neil Gorsuch because he wrote the opinion making clear that sex discrimination includes discrimination based on sexual orientation and gender identity.
I include in the Record letters from the American Library Association, the National Education Association, and the Consortium for Constituents with Disabilities. These three letters are all in opposition to H.J. Res. 165. ALA American Library Association, June 11, 2024. Re H.J.Res. 165, Title IX rule disapproval--OPPOSE Hon. Virginia Foxx, Chairwoman, Committee on Education and the Workforce, US House of Representatives. Hon. Robert C. ``Bobby'' Scott, Ranking Member, Committee on Education and the Workforce, US House of Representatives.
Dear Chairwoman Foxx and Ranking Member Scott: On behalf of the American Library Association (ALA), I write to respectfully oppose H.J. Res. 165, ``Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to `Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance.' ''
The Department of Education's Title IX rule, issued April 29, 2024, applies the Supreme Court's ruling in Bostock v. Clayton County, 590 U.S. 644 (2020), to codify that Title IX prohibits discrimination on the basis of sexual orientation or gender identity. By doing so, the rule clarifies that recipients of Education Department funding may not discriminate against LGBTQI+ library workers or students in employment opportunities or the delivery of library services (e.g., removal of library materials in a discriminatory manner).
All Americans deserve equal opportunity in education, employment, and the freedom to read. We urge Congress to defend the rights of students and library workers by rejecting H.J.Res. 165. If we can provide more information, please contact Gavin Baker (gbaker@alawash.org). Sincerely,
Alan S. Inouye, Ph.D., Senior Director, Public Policy & Government Relations and Interim Associate Executive Director, American Library Association. ____ National Education Association, June 12, 2024. Committee on Education and the Workforce, House of Representatives, Washington, DC.
Dear Representative: On behalf of the National Education Association's 3 million members and the 50 million students they teach and support in public schools and public colleges and universities, we appreciate the opportunity to offer comments for the Committee's markup of H.R. 7227, the Truth and Healing Commission on Indian Boarding School Policies Act, and H.J. Res. 165, pertaining to the Department of Education rule regarding nondiscrimination in education programs and activities receiving federal funding.
We urge you to vote YES on H.R. 7227 and NO on H.J. Res. 165. Votes related to these issues may be included in the NEA Report Card on the 118th Congress. H.R. 7227, the Truth and Healing Commission on Indian Boarding School Policies Act
NEA members are grateful to the Committee for your leadership--especially significant when there is such division in our nation--in advancing H.R. 7227. The bill's bipartisan sponsorship signals that it is still possible for us to come together, regardless of political party, to illuminate historical wrongs.
The Truth and Healing Commission on Indian Board School Policies Act will shine a light on the impact of Indian boarding schools on the hundreds of thousands of American Indian, Alaska Native, and Native Hawaiian children who were taken from their families and Tribes from at least 1860 until 1978. The schools were not places of education; they were tools for colonization, assimilation, and genocide. Many children died, went missing, or were murdered while in the custody of the boarding schools, and those who survived were often the victims of physical, sexual, psychological, and spiritual abuse. The schools caused the loss of connection to language, culture, families, and Tribes.
H.R. 7227 would provide for a full inquiry into the policies of the boarding schools through locating church and government records, compiling evidence of the ongoing effects of intergenerational trauma, and collecting testimony from survivors and Tribes. Information resulting from the inquiry would be shared with the public within five years. H.J. Res. 165, pertaining to the Department of Education rule regarding nondiscrimination in education programs and activities receiving federal funding
H.J. Res. 165 would undo the recent Title IX rule protecting LGBTQI+ students, survivors of sexual violence or harassment, and students who are pregnant or parents. It must be rejected because it would undercut the U.S. Department of Education's recently finalized rule reinforcing and restoring Title IX's protections, which are meant to ensure that every student has the right to a safe and welcoming learning environment, free from sex discrimination.
The Department of Education updates clarify Title IX's protections against discrimination on the basis of sexual orientation and gender identity, at a time when 83% of LGBTQI+ youth report in-school victimization, yet 62% of those who have been victimized never inform school staff of the incident. The Title IX updates will clarify remedies for students facing sex-based harassment, hold school officials accountable for fostering safer school environments, and ensure that LGBTQI+ youth can participate equally in educational opportunities, ranging from attending the restroom that corresponds with their gender identity, to going to prom with the person of their choice
H.R. 7227 moves our nation forward on the path to healing and reconciliation, while H.J. Res. 165 pushes us backward in our ongoing work to protect the civil rights and safety of us all. Please vote YES on H.R. 7227 and NO on H.J. Res. 165. Sincerely, Marc Egan, Director of Government Relations, National Education Association. ____ Consortium for Constituents With Disabilities, June 12, 2024. Hon. Virginia Foxx, Chair, House Education and Workforce Committee, Washington, DC. Hon. Bobby Scott, Ranking Member, House Education and Workforce Committee, Washington, DC.
Dear Chairwoman Foxx and Ranking Member Scott: The Consortium for Constituents with Disabilities (CCD) Education Task Force and Rights Task Force are writing to oppose House Joint Resolution (H.J. Res) 165 which intends to negate the rule submitted by the Department of Education (ED) relating to ``Nondiscrimination based on Sex in Education Programs or Activities Receiving Federal Financial Assistance'' (known as Title IX). As finalized by ED, the Title IX regulation includes important provisions that positively impact and support all K-16 students with disabilities, including those who identify as Black, Indigenous, or People of Color (BIPOC) and/or may also identify as LGBTQI+. We therefore urge members of the Education and Workforce Committee to vote `no' if H.J. Res. 165 is brought before the Committee.
CCD advocated for the much-needed updates to the Title IX regulations as it is well documented that students with disabilities, including those who identify as BIPOC and/or LGBTQI+ already face additional barriers to K-16 education. Specifically, updates to Title IX include changes that:
ensure schools address broader Title IX complaints of sex- based harassment;
ensure students are not forced into unfair and/or potentially traumatic procedures that favor harassers;
require Title IX coordinators to consult with one or more members of a [eligible] student's Individualized Education Program (IEP) team or Section 504 team; and,
allow college students to have access to someone in an advisory role during the process.
Importantly, the improvements clarify that federal due process rights of students with disabilities must not be ignored and that these students must be treated equitably during the Title IX process. This was not the case prior to the issuance of this rule.
We appreciate this opportunity to weigh in and hope you will reconsider the mark-up of H.J. Res 165. Sincerely,
CCD Education Task Force co-chairs: Stephanie Flynt,
National Disability Rights Network (NDRN). Laura Kaloi,
Council of Parent Attorneys and Advocates and the Center for Learner Equity. Lindsay Kubatzky,
National Center for Learning Disabilities. Robyn Linscott,
The Arc of the United States. Kim Musheno,
Autism Society of America.
CCD Rights TF co-chairs: Claudia Center,
Disability Rights Education Fund. Morgan K. Whitlatch,
Center for Public Representation.
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Ms. BONAMICI. Madam Speaker, I continue to reserve the balance of my time.
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Ms. BONAMICI. Madam Speaker, how much time do I have remaining.
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Ms. BONAMICI. Madam Speaker, I yield myself such time as I may consume.
I want to note in the big picture as we consider this conversation today, LGBTQ youth and trans youth are more likely to have experienced sexual violence than their straight counterparts.
Further, nearly 59 percent of LGBTQI+ students report experiencing discriminatory policies and practices at school, particularly those targeting students' gender and limiting their ability to participate in activities consistent with their gender identity.
Madam Speaker, 62 percent of LGBTQ students who were harassed or assaulted at school did not report the incident because they don't feel safe. This is creating hostile environments that are leading to adverse outcomes for LGBTQ students.
The report that I mentioned found that students who experienced discrimination and higher levels of victimization have higher dropout rates, lower academic performance, and increased mental health issues such as anxiety, depression, and suicidal ideation.
Madam Speaker, 68 percent of the students reported feeling unsafe at school because of their sexual orientation, gender identity, and/or gender expression.
We should not be creating this hostile school climate that is making students feel unsafe because of who they are.
I want to again encourage my colleagues to think about the message that this is sending to students, that they do not belong, that they are not safe in their schools. This is the Education and the Workforce Committee. We should be making students feel safe, not making them feel threatened.
Madam Speaker, I continue to reserve the balance of my time.
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Ms. BONAMICI. Madam Speaker, I yield myself the balance of my time for the purpose of closing.
The Biden-Harris administration's Title IX rule is a necessary step in protecting all Americans from sex-based harassment and discrimination. It would uplift and empower survivors while holding schools accountable for their handling of these sensitive cases.
This Congressional Review Act that Republicans have put forward undermines the rights of survivors of sexual assault and advances a baseless, prejudiced narrative against LGBTQI+, especially transgender, individuals.
I am incredibly frustrated that Republicans are spending time obsessing over what bathroom is used instead of addressing the real problems faced by women and children.
I also include in the Record, Madam Speaker, a Statement of Administrative Policy providing for congressional disapproval under chapter 8 of title 5 of the United States Code. If this President were presented with H.J. Res. 165, he would veto it, and for good reason because this bill takes us back. Statement of Administration Policy H.J. Res. 165--Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department
of Education relating to ``Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance
The Administration strongly opposes H.J. Res. 165, which would disapprove the Department of Education's rule, under Title IX of the Education Amendments of 1972, to restore and strengthen vital nondiscrimination protections for students, employees, and applicants in federally funded education programs and activities.
Since Title IX was signed into law more than 50 years ago, it has opened doors for generations of women and girls and increased access to educational opportunities for millions of students. Despite this progress, rates of sexual harassment and assault in our nation's schools and colleges remain unacceptably high. Many women see their education derailed because of pregnancy discrimination. And many LGBTQI+ students face bullying and harassment just because of who they are.
The Department's rule is critical to ensuring that no person experiences sex discrimination at school. The rule provides protection from sex-based harassment, including sexual violence; promotes accountability and fundamental fairness through a fair, transparent, and reliable process; and ensures that students, employees, and families understand their rights and that institutions know their responsibilities. The rule also advances educational equity by requiring schools that have knowledge of possible sex discrimination in their education programs or activities to take prompt and effective action to end the sex discrimination, prevent its recurrence, and remedy its effects. Passage of H.J. Res. 165 would eliminate these critical protections that keep students safe and able to realize their full potential.
The promise of Title IX--an education free from sex discrimination--remains as vital now as it was when the law was enacted. The Administration will continue to fight tirelessly to realize this promise and achieve equal opportunity for all students and all Americans.
If the President were presented with H.J. Res. 165, he would veto it.
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Ms. BONAMICI. We have made progress in making every student feel safe and be safe in schools.
I once again encourage my colleagues to vote ``no'' on this harmful and extreme joint resolution for the sake of women, the LGBTQI community, and survivors across the Nation.
Again, Madam Speaker, yesterday we were talking about dignity for dishwashers. Please show some dignity for people who are being discriminated against because of who they are and who they love.
Madam Speaker, I yield back the balance of my time.
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Ms. BONAMICI. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
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