The U.S. Department of Education Releases Proposed Changes to Title IX Regulations, Invites Public Comment

Marking the 50th anniversary of Title IX, the U.S. Department of Education released for public comment proposed changes to Title IX regulations. The proposed regulations would:

  • Require schools to take prompt and effective action to end any sex discrimination in their education programs or activities – and to prevent its recurrence and remedy its effects.
  • Protect students and employees who are pregnant or have pregnancy-related conditions.
  • Require schools to respond promptly to all complaints of sex discrimination with a fair and reliable process that includes trained, unbiased decisionmakers to evaluate the evidence.
  • Require schools to provide supportive measures to students and employees affected by conduct that may constitute sex discrimination, including students who have brought complaints or been accused of sex-based harassment.
  • Protect LGBTQI+ students from discrimination based on sexual orientation, gender identity, and sex characteristics.
  • Clarify protection from retaliation for students, employees, and others who exercise their Title IX rights.
  • Address the regulations’ grievance procedure requirements.
  • Require that schools share their nondiscrimination policies with all students, employees, and other participants in their education programs or activities.

The Department will engage in a separate rulemaking to address Title IX’s application to athletics.

The Department’s proposed Title IX regulations will be open for public comment for 60 days from the date of publication in the Federal Register.

Additional information on the proposed rule, including a summary with background information and a fact sheet, is available here.

The unofficial version of the proposed rule is available here.

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