Title IX prohibits schools that receive federal money from discriminating “on the basis of sex,” 20 U.S.C. § 1681(a). But, in June, the U.S. Department of Education proposed new rules would turn this simple anti-discrimination statute into a labyrinth of woke mandates governing every facet of public and private education. Moreover, the proposed rules attempt to hold schools responsible for conduct that occurs outside of its control. Nothing in the statute suggests that schools should be financially responsible in such cases.

On September 12, IWLC filed with the Department a series of objections to the proposed rule. IWLC’s administrative law comment argues that, in enacting this rule, the agency far exceeded its constitutional authority in violation of the separation of powers and contrary to the Supreme Court’s express prohibition on agencies regulating conduct that is beyond the scope of the statutes written by Congress. See West Virginia v. Env’t Prot. Agency, 142 S. Ct. 2587, 2608 (2022). IWLC, thus, urged the Department to withdraw the proposed rules.

Read the full comment below.