On July 12, 2022, the Notice of Proposed Rulemaking (NPRM) from the Office for Civil Rights, Department of Education, which proposes to amend the regulations implementing Title IX of the Education Amendments of 1972 (Title IX), was published in the Federal Register. Publication of the NPRM in the Federal Register starts the sixty (60) day public comment period on the new proposed regulations. Comments must be received by the Department on or before September 12, 2022, and may be submitted through the Federal eRulemaking Portal at http://www.regulations.gov, preferably in Microsoft Word format.
At the conclusion of the comment period, the Department will review all of the comments received and revise, as needed, the proposed regulations. Thereafter, the Department will publicize the final regulations under Title IX.
Until the publication of the final rules, all schools covered by Title IX must continue to comply with the current regulations, which became effective in August 2020. The obligations of covered educational institutions will not change until the rules are finalized, which may take several months or longer.
The following links may be helpful to schools in becoming familiar with the new proposed regulations:
- Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, A Proposed Rule by the Education Department on 7/12/2022 (Official Publication)
- 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 Notice of Proposed Rulemaking
Please contact any member of our team with questions regarding the NPRM or the current obligations for public schools under Title IX.