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:
- Title IX of the Education Amendments of 1972 Proposed Rule (Unofficial Copy)
- Fact Sheet: U.S. Department of Education’s 2022 Proposed Amendments to its Title IX Regulations
- Summary of Major Provisions of the Department of Education’s Title IX Proposed Rule
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.