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Earlier this morning, and almost a year after its expected release in May 2023, the U.S. Department of Education issued the 2024 Title IX Final Rule on sex-based harassment and discrimination (the “Final Rule”). The implementation day for the Final Rule is August 1, 2024, leaving public schools and other covered entities just over 100 days to comply with these new changes.

Of note, the Final Rule redefines sex-based harassment and broadens the scope of sex discrimination to include sex stereotyping, sex characteristics, pregnancy or related conditions, sexual orientation and gender identity. Significantly, as the Department of Education indicated in its press release, the Final Rule provides “appropriate discretion and flexibility to account for variations in school size, student populations and administrative structures.”

While the Final Rule’s official publication in the Federal Register is forthcoming, an unofficial publication has been released and is included below, together with additional resources outlining key changes:

Prior to the August 1, 2024 implementation date, please be on the lookout for the following resources from our team: 

  • A webinar identifying key changes between the August 2020 Title IX final regulations and the Final Rule;
  • New Title IX model policies and grievance procedures for our model policy subscribers; and 
  • Trainings to prepare public schools to comply with the Final Rule for the 2024-2025 school year.  

As a reminder, public schools must continue to comply with the August 2020 Title IX regulations until the new rules become effective on August 1, 2024.  Please feel free to reach out to any member of our team with questions regarding the Final Rule and/or current obligations under the August 2020 Title IX regulations.