Title IX and LGBTQ+ Protections

Title IX Still Protects LGBTQ+ Students, Even in Florida

Title IX is one of the strongest tools students have when it comes to fighting discrimination in schools. This federal law, first passed in 1972, prohibits sex-based discrimination in any school or educational program that receives federal funding. For a long time, many LGBTQ+ students didn’t know whether that protection applied to them. Today, the legal landscape surrounding these protections remains a complex and evolving one, with the most recent development involving a federal court ruling vacating the broader protections for LGBTQ+ students that had been established by the Biden administration.

In 2021, the U.S. Department of Education confirmed that Title IX covers discrimination based on sexual orientation and gender identity, based on the legal logic of the Supreme Court's Bostock v. Clayton County ruling, which found that Title VII protections in employment applied to LGBTQ+ individuals. This interpretation was further solidified in the 2024 Title IX Regulations. However, in January 2025, a federal court ruled to vacate these 2024 regulations nationwide, effectively reinstating the 2020 Title IX rules, according to Jackson Lewis. This means that the protections for LGBTQ+ students, while still rooted in the legal principle established in Bostock v. Clayton County, are currently interpreted under the more narrow 2020 regulations.

What the Law Says

While the U.S. Department of Education's 2021 directive and 2024 regulations affirmed the inclusion of sexual orientation and gender identity within Title IX's protections, the recent federal court ruling vacating the 2024 regulations means that, as of January 2025, the 2020 Title IX regulations are now controlling nationwide. This signifies a narrowing of the scope of these protections compared to the 2024 regulations. Specifically, the 2020 regulations do not explicitly include sexual orientation or gender identity within the definition of sex discrimination under Title IX. However, the Bostock v. Clayton County ruling (Title VII context) still provides a legal basis for challenging discrimination based on sexual orientation and gender identity as a form of sex discrimination, and advocates continue to work towards full recognition of these protections under Title IX, according to Jackson Lewis.

This means that while the specific requirements for schools to address discrimination based on sexual orientation and gender identity may be less explicit under the 2020 regulations, the underlying legal principle of protecting LGBTQ+ individuals from sex-based discrimination remains. Failure to address discrimination can still potentially lead to federal investigation or civil rights complaints.

Florida’s Pushback

Florida has continued to implement state-level rules that challenge the federal interpretation of Title IX and create challenges for LGBTQ+ students. In 2022, the Florida Department of Education, under the Parental Rights in Education Act (HB 1557), directed schools to restrict instruction on sexual orientation and gender identity. This was further expanded in 2023 to ban instruction on these topics in all grades K-12.

In 2023, Florida also enacted laws that restrict bathroom access for transgender individuals in public schools, prohibit the use of preferred pronouns in schools, and limit discussions of gender identity and sexual orientation in public workplaces and educational settings.

These actions have created significant confusion and, in some cases, outright opposition to federal guidance aiming to protect LGBTQ+ students, according to Central Florida Public Media. While a 2024 settlement clarified some aspects of the Parental Rights in Education Act, allowing for discussions and references to LGBTQ+ topics outside of direct instruction, the broader restrictions remain in place. The ongoing legal battles and state-level resistance underscore the continued struggle for LGBTQ+ students in Florida to fully realize the protections intended by Title IX.

What You Can Do

• Know your rights. LGBTQ+ students are protected under Title IX. If you are denied access to a restroom, harassed based on your identity, or punished for expressing yourself, you have legal grounds to act.

• Report violations. Start with your school or district Title IX Coordinator. Every school is required to have one. Ask for their contact information and file a written complaint.

• Contact OCR. If the school fails to act, you can file a complaint with the U.S. Department of Education’s Office for Civil Rights within 180 days of the incident. You do not need a lawyer to do this.

• Bring a trusted adult. Students have the right to support during meetings. You can ask a parent, teacher, or advocate to attend with you.

• Keep records. Save emails, forms, or any responses you receive. This documentation can help if you need to escalate your complaint.

Why This Matters

Title IX is more than a policy. It is a promise that students cannot be denied access to education because of who they are. And while Florida’s political environment may try to blur that promise, federal law is still in effect.

Students, teachers, and parents should not have to guess whether their school will follow the law. PRISM is here to provide the guidance and support you need to hold schools accountable and to make sure LGBTQ+ students are not left behind in legal gray areas.

Your rights are real. Your identity matters. And Title IX still has your back.