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Proposed Title IX regulations include change to DeVos era rules

U.S. Education Secretary Miguel Cardona on Thursday proposed new regulations to Title IX that include protections for transgender students and would change a controversial Trump administration rule for sexual assault victims on college campuses.

The 2020 rules, finalized under then-Education Secretary Betsy DeVos, narrowed the scope of cases schools were required to investigate, bolstered the rights of the accused and reduced legal liabilities for schools and colleges. It also required schools to have live hearing proceedings that allowed cross examinations.

The proposed new regulations would not require a live hearing for evaluating evidence during campus sexual misconduct investigations.

The proposed changes would protect victims of sexual assault, Cardona said, "while ensuring schools provide a fair process for all parties involved."

"Our goal is to give full effect of to the law's reach, and to deliver on its promise to protect all students from sex-based harassment and discrimination," he said. "Every student has something to offer our country. Every student deserves to learn regardless of their sex, sexual orientation or gender identity."

The proposed changes were released on the 50th anniversary of Title IX, the landmark law that opened access to women and girls in education. The proposed rules will be open for public comment for 60 days.

 The proposed changes would also protect the rights of parents and guardian in their children's primary and secondary education and pregnant students and employees from discrimination.

Cardona said the Education Department recognizes that standards for students participating in athletics are evolving "in real time," so officials decided to do a separate rule making on how schools may determine eligibility while upholding TItle IX.

Development of the regulations began a year ago when President Joe Biden directed the U.S. Education Department to review Title IX rules.