The United States Department of Education released its proposed changes to regulations governing the enforcement of Title IX for public comment on June 23. In a 700 page document, the Department detailed its proposed rules changes, which will likely include new substantive and procedural requirements that apply to school districts nationwide. Specifically, the Department notes that the proposed rules are intended to address school procedures for complaints of sex discrimination, including sexual violence and other sex-based harassment; to strengthen protections for LGBTQI+ students; and to require that all students receive “appropriate supports in accessing all aspects of education.” Notably, the Department stated that it will engage in a separate rulemaking to address Title IX’s application to athletics.
The U.S. Department of Education’s Office of Civil Rights invites education stakeholders to a public briefing on the proposed amendments to the Title IX regulations. The briefing will be held online Friday, June 24 from 2:00-2:30 pm EDT. Please register in advance for the call using this link.
Please be advised that these rules are not final. The next step in the rule-making process is a public comment period, during which the Department will receive public comment on the proposed rules, review the commentary and information it receives, and then issue final regulations. The public comment period begins 60 days after publication in the Federal Register.
We are in the process of reviewing and analyzing the proposed rules. Additional guidance will be coming from Frost Brown Todd on this issue in the near future.
If you have any questions about the impact of these changes, please contact Frost Brown Todd’s Government Services practice group.