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S-5179Senate2026-07-30Education

Title IX Clarification Act of 2026

YourVoice.Now Summary

Civil Liberties

Title IX's school sex-bias ban would define sex as biological — male or female, based on the body's reproductive system

Civil Liberties

Title IX meaning of sex — only biological male or female

Title IX bans sex bias in school programs paid for in part with federal money, but it does not say what "sex" means today. The bill would say it means the sex a person is by biology, male or female. A female's body has, had, will have, or would have a system that makes eggs; a male's, one that makes sperm.

More about this bill

Title IX's ban on sex bias in schools would be tied to biological sex, male or female. Title IX is the law that bans sex discrimination in school programs that get federal money. It covers places from preschools to colleges. Today the law does not say what "sex" means. The bill would define it as a person's biologically determined sex, either male or female. A female would be a person whose body naturally has, had, will have, or would have a system that makes eggs. A male would be the same, but for sperm. The "would have" part covers people whose bodies lack that system because of a birth condition, an accident, or some other disruption. The new meanings would start the day the bill becomes law. They would apply to school programs that get federal money on or after that day.

Congressional Summary

Title IX Clarification Act of 2026 This bill defines the terms sex, female, and male for purposes of Title IX of the Education Amendments of 1972. Title IX prohibits discrimination on the basis of sex in education programs that receive federal financial assistance. Specifically, the bill defines sex as an individual’s biologically determined sex, as either male or female. Therefore, Title IX's prohibition on sex discrimination only applies to biological sex under the bill. The bill defines female, when used with respect to a natural person, as an individual who naturally has, had, will have, or would have, but for a congenital anomaly, historical accident, or intentional or unintentional disruption, the reproductive system that at some point produces, transports, and utilizes the large gamete (ova) for fertilization. The bill defines male, when used with respect to a natural person, as an individual who naturally has, had, will have, or would have, but for a congenital anomaly, historical accident, or intentional or unintentional disruption, the reproductive system that at some point produces, transports, and utilizes the small gamete (sperm) for fertilization. (A January 20, 2025, executive order stated that it is the policy of the United States to recognize two sexes—male and female—which are not changeable. On February 4, 2025, the Department of Education announced its intent to enforce its Title IX regulations consistent with this executive order. For more information on the status of these regulations, see LBS11279.)

Legislative Subjects

Education programs fundingSex, gender, sexual orientation discrimination

Details

Congress
119th
Chamber
Senate
Status
summarized
Action
Introduced in Senate
Action Date
2026-07-30
Date Added
2026-10-02
Source
Congress.gov →

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