Today, on the 50th Anniversary of Title IX, the U.S. Department of Education issued 701 pages of proposed amendments to the Title IX federal regulations. Long awaited, the Biden Administration’s proposal intends to replace major components of the August 2020 Title IX regulations. In the words of Department of Education Secretary Miguel Cardona:

As we celebrate the 50th anniversary of this landmark law, our proposed changes will allow us to continue that progress and ensure all our nation’s students—no matter where they live, who they are, or who they love—can learn, grow, and thrive in school.

Of note, and as anticipated, the proposed regulations specifically include sexual orientation and gender identity within Title IX’s prohibition on discrimination based on sex. The proposed rules also include sex stereotypes, sex characteristics, and pregnancy or pregnancy-related conditions within Title IX’s discrimination prohibition. The new rules revise jurisdictional requirements and procedures, and are expected to bolster victim rights, requiring schools to respond “promptly to all complaints of sex discrimination with a fair and reliable process.”

For the next 60 days, the public will have the opportunity to submit comments on the proposed Title IX regulations through the Notice and Comment process. Comments may be submitted via the Federal Rulemaking Portal at http://www.regulations.gov. Following this 60-day period, the U.S. Department of Education will address public comments and may make revisions before the proposed regulations are finalized.

Please note that the proposed revisions are not final rules and all schools covered by Title IX must continue to comply with the August 2020 final regulations until new rules are finalized through this Notice and Comment process, which may take several months.  In the meantime, schools may wish to review these additional links to become familiar with the proposed rules:

Stay tuned for information as we continue to learn more about the proposed revisions to Title IX.  Please feel free to reach out to any member of our team with questions regarding the proposed revisions and/or your continuing obligations under the August 2020 final regulations.

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Photo of Gwen J. Zittoun Gwen J. Zittoun

Gwen represents boards of education in relation to special education, Section 504, restraint and seclusion, student discipline, board policy development and revision, and general education matters. Gwen frequently speaks on education issues, including privacy and confidentiality of student information, bullying and Section 504.

Photo of Jessica Richman Smith Jessica Richman Smith

Jessica represents schools in a variety of education, labor relations and employment law matters.  She negotiates certified and non-certified collective bargaining agreements on behalf of numerous public boards of education.  Jessica also represents school districts in labor and employment disputes, freedom of information…

Jessica represents schools in a variety of education, labor relations and employment law matters.  She negotiates certified and non-certified collective bargaining agreements on behalf of numerous public boards of education.  Jessica also represents school districts in labor and employment disputes, freedom of information hearings, teacher tenure proceedings, student disciplinary matters, election law matters, and other legal proceedings arising in the education context.  In addition, Jessica advises schools on education policies and practices, compliance with the Family Educational Rights and Privacy Act and the Connecticut Freedom of Information Act, and other legal matters arising in the education context.

Photo of Kelsey Scarlett Kelsey Scarlett

Kelsey Scarlett is a member of the firm’s School Law Practice Group, where she advises public and independent schools and colleges and universities on a variety of general education and labor and employment issues. Kelsey’s practice focuses on student discipline, Title IX and…

Kelsey Scarlett is a member of the firm’s School Law Practice Group, where she advises public and independent schools and colleges and universities on a variety of general education and labor and employment issues. Kelsey’s practice focuses on student discipline, Title IX and sexual misconduct, policy drafting, the rights of transgender and gender-minority students, complaints from the Office of Civil Rights (OCR), and employee and student investigations. She regularly attends Title IX seminars and has received ATIXA training.