It is now spring, and if you are an educational entity, it is now the season to begin preparations for summer professional development for the upcoming school year. So you may be wondering: 1) What is going on with Title IX? 2) Are we still following the regulations that were released in 2020? 3) What about the new proposed regulations? Have they been finalized yet? If you are asking these questions, you have come to the right place.
In the summer of 2022, the U.S. Department of Education released new proposed Title IX regulations. However, they were just that—proposed (see Dickinson Wright's previous All Things HR blog post on the proposed new Title IX regulations). Therefore, until those proposed regulations are finalized, educational entities must still follow the Title IX regulations released in 2020. On February 2, 2024, the U.S. Department of Education transmitted the new Title IX regulations to the Office of Information and Regulatory Affairs ("OIRA"). OIRA is a statutory part of the Office of Management and Budget within the Executive Office of the President. Now, OIRA has until the end of May 2024 (up to 120 days) to review the regulations. During its review, OIRA holds meetings by request with members of the public. When OIRA reviewed the 2020 Title IX regulations, it took over 90 days of review time. After the OIRA review, the regulations will go back to the U.S. Department of Education for a final review before releasing the final regulations.
In addition, final regulations generally do not take effect for at least thirty days from publication, and the U.S. Department of Education will likely allow more time than that before they become effective in order to allow schools to prepare to meet the new requirements. In 2020, the regulations were published in May and became effective in August.
Please note that this update pertains to the U.S. Department of Education's rule on "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance." The U.S. Department of Education is still reviewing Title IX regulations regarding eligibility for athletic teams and has not yet submitted that rule to OIRA.
Regardless of when the new Title IX regulations go into effect, it is important that you are prepared for the changes, and have counsel well-versed in Title IX to reach out to. You may need new Title IX policies, procedures, and training quickly once the regulations are released.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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