On May 26, 2023, the U.S. Department of Education (the “Department”) announced that it would delay release of the final revisions to the regulations implementing Title IX (the “Title IX Final Rule”) from May 2023 until October 2023.  In its reasoning for this delay, the Department referenced receipt of more than 240,000 public comments on the proposed regulations issued in June 2022, further explaining that “[c]arefully considering and reviewing these comments takes time, and is essential to ensuring the final rule is enduring.” 

The Department also announced that it expects to release the final version of its proposed Title IX athletics regulations (“Athletics Regulations”) in October 2023. The Department received over 150,000 comments concerning the proposed Athletics Regulations, which the Department is currently reviewing. 

Please note that, until these new federal regulations are finalized, all schools covered by Title IX must continue to comply with Title IX’s current regulations, which became effective in August 2020.

More information about the anticipated revisions to Title IX, including the proposed Athletics Regulations, is available in the following resources:

• Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance

• 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

• Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria for Male and Female Athletic Teams

• Fact Sheet: U.S. Department of Education’s Proposed Change to its Title IX Regulations on Students’ Eligibility for Athletic Teams

Please reach out to any member of our team with questions regarding the proposed regulations.