Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity

Executive Order 14021 of March 8, 2021

Guaranteeing an Educational Environment Free From
Discrimination 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
“Nondiscrimination 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
applicable 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 suspending,
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 availability 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

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.

    (Presidential Sig.)

THE WHITE HOUSE,

    March 8, 2021.