Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity
| Citation | 86 FR 13803 |
| Record Number | 2021-05200 |
| Published date | 11 March 2021 |
| Section | Presidential Documents |
| Court | Executive Office Of The President |
Presidential Documents
13803
Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Presidential Documents
Executive Order 14021 of March 8, 2021
Guaranteeing an Educational Environment Free From Dis-
crimination on the Basis of Sex, Including Sexual Orientation
or Gender Identity
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. It is the policy of my Administration that all students
should be guaranteed an educational environment free from discrimination
on the basis of sex, including discrimination in the form of sexual harassment,
which encompasses sexual violence, and including discrimination on the
basis of sexual orientation or gender identity. For students attending schools
and other educational institutions that receive Federal financial assistance,
this guarantee is codified, in part, in Title IX of the Education Amendments
of 1972, 20 U.S.C. 1681 et seq., which prohibits discrimination on the
basis of sex in education programs or activities receiving Federal financial
assistance.
Sec. 2. Review of Agency Actions. (a) Within 100 days of the date of this
order, the Secretary of Education, in consultation with the Attorney General,
shall review all existing regulations, orders, guidance documents, policies,
and any other similar agency actions (collectively, agency actions) that are
or may be inconsistent with the policy set forth in section 1 of this order,
and provide the findings of this review to the Director of the Office of
Management and Budget.
(i) As part of the review required under subsection (a) of this section,
the Secretary of Education shall review the rule entitled ‘‘Nondiscrimina-
tion on the Basis of Sex in Education Programs or Activities Receiving
Federal Financial Assistance,’’ 85 FR 30026 (May 19, 2020), and any
other agency actions taken pursuant to that rule, for consistency with
governing law, including Title IX, and with the policy set forth in section
1 of this order.
(ii) As soon as practicable, and as appropriate and consistent with applica-
ble law, the Secretary of Education shall review existing guidance and
issue new guidance as needed on the implementation of the rule described
in subsection (a)(i) of this section, for consistency with governing law,
including Title IX, and with the policy set forth in section 1 of this
order.
(iii) The Secretary of Education shall consider suspending, revising, or
rescinding—or publishing for notice and comment proposed rules sus-
pending, revising, or rescinding—those agency actions that are inconsistent
with the policy set forth in section 1 of this order as soon as practicable
and as appropriate and consistent with applicable law, and may issue
such requests for information as would facilitate doing so.
(b) The Secretary of Education shall consider taking additional enforcement
actions, as appropriate and consistent with applicable law, to enforce the
policy set forth in section 1 of this order as well as legal prohibitions
on sex discrimination in the form of sexual harassment, which encompasses
sexual violence, to the fullest extent permissible under law; to account
for intersecting forms of prohibited discrimination that can affect the avail-
ability of resources and support for students who have experienced sex
discrimination, including discrimination on the basis of race, disability,
and national origin; to account for the significant rates at which students
VerDate Sep<11>2014 15:16 Mar 10, 2021 Jkt 253250 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\11MRE1.SGM 11MRE1
khammond on DSKJM1Z7X2PROD with PRESDOC2
13804
Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Presidential Documents
who identify as lesbian, gay, bisexual, transgender, and queer (LGBTQ+)
are subject to sexual harassment, which encompasses sexual violence; to
ensure that educational institutions are providing appropriate support for
students who have experienced sex discrimination; and to ensure that their
school procedures are fair and equitable for all.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency,
or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
March 8, 2021.
[FR Doc. 2021–05200
Filed 3–10–21; 8:45 am]
Billing code 3295–F1–P
VerDate Sep<11>2014 15:16 Mar 10, 2021 Jkt 253250 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\11MRE1.SGM 11MRE1
BIDEN.EPS</GPH>
khammond on DSKJM1Z7X2PROD with PRESDOC2
