Section 1 Short title
This Act may be cited as the “Title IX Clarification Act of 2026”.
Title IX Clarification Act of 2026
A BILL
To clarify that for purposes of Federal nondiscrimination requirements applicable to education programs or activities receiving Federal financial assistance, discrimination prohibited under title IX of the Education Amendments of 1972 is based on the biological reality of sex.
Sec. 2 Amendments
Section 901(c) of the Education Amendments of 1972 (20 U.S.C. 1681(c)) is amended—
by striking “title an educational institution” and inserting the following:
“(1) the term “educational institution””
by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(2) the term sex refers to an individual’s biologically determined sex, as either male or female;
“(3) the term female, when used with respect to a natural person, means 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; and
“(4) the term male, when used with respect to a natural person, means 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.”
Sec. 3 Effective date; application of amendments
Effective date— Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of enactment of this Act.
Application of amendments— The amendments made by this Act shall apply with respect to education programs and activities for which Federal financial assistance is received on or after the date of enactment of this Act.