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Understanding Title IX

Get the facts about your rights under Title IX as an LGBTQI+ student and how you can take action.

Allies & Families Educators Students

What is Title IX?

Title IX is a federal law that was passed in 1972 to prohibit sex-based discrimination in schools. The law reads that “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Title IX applies to schools that receive federal funding (including all school-sponsored programming such as athletics, field trips, and afterschool clubs), local and state education agencies, and other institutions that receive federal financial assistance.

Who is protected by Title IX?

Title IX requires that “no person” be subjected to sex-based discrimination in school. Anyone who interacts with a school, including students, educators, school staff, and parents and guardians, can file a Title IX claim.

Who enforces Title IX?

There are multiple avenues for filing complaints under Title IX:

  • Title IX requires that schools must publish a nondiscrimination statement and provide procedures to file complaints. Each school district should have a staff member designated as the Title IX Coordinator to oversee complaint processes.
  • The U.S. Department of Education’s Office for Civil Rights conducts Title IX investigations based on complaints filed directly with them (including online). In 2020-2021, 40% of complaints filed with the U.S. Department of Education alleged discrimination on the basis of sex and an additional 19% alleged discrimination on the basis of sexual orientation.
  • Title IX has a private right to action that can be enforced in federal court, meaning that you can file a lawsuit to assert your Title IX rights.

How can I file a Title IX complaint with the U.S. Department of Education?

Anyone can file a complaint with the U.S. Department of Education, even if you are not the direct victim of the alleged discrimination. Complaints should be filed within 180 days of the most recent discriminatory action. Complaints can be filed here using the Department’s online form or can be submitted through email, mail, or fax. Find more information about how to file a Title IX complaint here.

Do I need a lawyer to file a Title IX complaint?

No. Anyone can file a Title IX complaint, even if they are not the direct victim of unlawful harassment or discrimination. GLSEN is not a legal services organization, but there are legal helplines at partner organizations if you’d like to discuss potential claims:

What happens if Title IX conflicts with my state law or school district’s policy?

Federal law preempts state law and school district policies. When state law or district policy conflicts with a school’s obligations under Title IX, Title IX will override that state policy to safeguard a person’s civil rights. Even if a district policy complies with state law, a district that violates Title IX may be sued or investigated and be required to compensate victims or change its policies.

Even though this doctrine of preemption is well established, states may seek to maintain their discriminatory laws or policies by delaying updates until they are challenged by members of the school community or outright challenging Title IX’s applicability in court. It may take time and sustained action for LGBTQI+ students to fully realize their legal rights under Title IX.

We’ve seen an increase in students using anti-LGBTQI+ language and harassing LGBTQ+ students, who may be emboldened by the national rhetoric. Many victims decide to file with the Department of Education because state actors have no will and make local school districts ineffective at addressing anti-LGBTQI+ victimization.”

– Stacy, K-12 educator in Des Moines, Iowa

Is Title IX the only law that protects LGBTQI+ students?

Title IX is the most comprehensive law to address sex-based discrimination in schools, but there are other laws that may protect the rights of LGBTQI+ students. The Equal Protection Clause of the U.S. Constitution prohibits state actors, like schools, from drawing unfair distinctions between similarly situated students. The Family Educational Rights and Privacy Act (FERPA) safeguards the right of families to amend student records and maintain the privacy of students records from the broader school community. The Equal Access Act ensures that most schools provide equal access to extracurricular student clubs, such as GSAs. State law may also extend further rights to LGBTQI+ students.