If passed, HR 126 would affirm the rights of individuals within educational institutions receiving state funding, mandating compliance with the 2024 Final Rule and emphasizing the need for policies that foster inclusion and protection against gender-based discrimination. The resolution signals to California’s colleges and universities that they must align their policies with these updated federal definitions and requirements, potentially reshaping how they handle issues related to sexual harassment, discrimination, and student rights on campuses.
House Resolution 126, introduced by Assembly Member Mike Fong, is focused on reinforcing the principles of Title IX as they relate to educational equity and broader non-discrimination based on gender identity and expression. The resolution strongly endorses the 2024 Final Rule released by the U.S. Department of Education, which aims to clarify protections against sex discrimination under Title IX, extending these protections to include gender identity and expression. The resolution positions California in support of these federal regulations, highlighting the state's commitment to ensuring equitable access to educational opportunities for all students.
However, HR 126 is not without controversy. The bill comes amid legal challenges to the 2024 Final Rule, particularly a preliminary injunction from a federal court that could delay or prevent its nationwide implementation. Critics argue that such measures may impose undue constraints on institutions, particularly regarding their ability to create specific policies addressing sex-based harassment and discrimination. Proponents of the resolution counter that the bill strengthens protections for vulnerable student populations and reinforces California's leadership in educational equity, particularly for transgender and non-binary students.