Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity, 13803-13804 [2021-05200]

Agencies

• Executive Office of the President

[Federal Register Volume 86, Number 46 (Thursday, March 11, 2021)]
[Presidential Documents]
[Pages 13803-13804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05200]




                        Presidential Documents 



Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / 
Presidential Documents

[[Page 13803]]


                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

[[Page 13804]]

                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.

[FR Doc. 2021-05200
Filed 3-10-21; 8:45 am]
Billing code 3295-F1-P