In celebration of Pride month, on June 15, 2022, President Biden signed an Executive Order on Advancing Equality for Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Individuals. The Order highlights the importance of identifying barriers to full civic and economic participation for LGBTQI+ children, families, and people of color and directs the Department of Education and the Department of Health and Human Services to take steps to promote safe and inclusive learning environments for LGBTQI+ individuals.

In response to recent legislation relating to LGBTQI+ youth, the President directed the Secretary of Education to support LGBTQI+ students impacted by “harmful State and local laws and practices” and to promote the “adoption of promising policies and practices to support the safety, well-being, and rights of LGBTQI+ students.” The President also directed the Secretary of Education to develop a Working Group on LGBTQI+ Students and Families, to “review, revise, develop and promote” assistance for educational institutions to promote safe and inclusive learning environments for all LGBTQI+ students and to ensure students have access to school-based health and supportive services.

At this time, there is nothing for educational institutions to do with regard to the Executive Order, although it is helpful to read the Order to better understand this Administration’s approach to LGBTQI+ rights.  More guidance on this topic, as well as sample policies for supporting LGBTQI+ students’ well-being and academic success, is expected from the U.S. Department of Education within 200 days (January 1, 2023).

Stay tuned for more on this topic as Bricker & Eckler continues to monitor for new guidance, as well as proposed Title IX regulations the Department of Education is expected to release later this month. 

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