07/13/2022
The U.S. Department of Education (Department) proposes to amend the regulations implementing Title IX of the Education Amendments of 1972 (Title IX). The purpose of the proposed regulations is to better align the Title IX regulatory requirements with Title IX's nondiscrimination mandate, and to clarify the scope and application of Title IX and the obligation of all schools, including elementary schools, secondary schools, postsecondary institutions, and other recipients that receive Federal financial assistance from the Department (referred to below as recipients or schools) to provide an educational environment free from discrimination on the basis of s*x, including through responding to incidents of s*x discrimination. The Department recognizes that schools vary in size, student populations, and administrative structure. The proposed regulations would enable all schools to meet their obligations to comply fully with Title IX while providing them appropriate discretion and flexibility to account for these variations.
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. (Starting July 1, 2022)
The proposed regulations will advance Title IX's goal of ensuring that no person experiences s*x discrimination, s*x-based harassment, or s*xual violence in education. As the Supreme Court wrote in Bostock v. Clayton County, 140 S. Ct. 1731 (2020), it is "impossible to discriminate against a person" on the basis of s*xual orientation or gender identity without "discriminating against that individual based on s*x." The regulations will require that all students receive appropriate supports in accessing all aspects of education. They will strengthen protections for LGBTQI+ students who face discrimination based on s*xual orientation or gender identity. And they will require that school procedures for complaints of s*x discrimination, including s*xual violence and other s*x-based harassment, are fair to all involved. The proposed regulations also reaffirm the Department's core commitment to fundamental fairness for all parties, respect for freedom of speech and academic freedom, respect for complainants' autonomy, and clear legal obligations that enable robust enforcement of Title IX.
The proposed regulations would:
▪︎Clearly protect students and employees from all forms of s*x discrimination.
▪︎Provide full protection from s*x-based harassment.
▪︎Protect the right of parents and guardians to support their elementary and secondary school children.
▪︎Require schools to take prompt and effective action to end any s*x 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 s*x 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 s*x discrimination, including students who have brought complaints or been accused of s*x-based harassment.
▪︎Protect LGBTQI+ students from discrimination based on s*xual orientation, gender identity, and s*x characteristics.
▪︎Clarify and confirm protection from retaliation for students, employees, and others who exercise their Title IX rights.
Improve the adaptability of the regulations' grievance procedure requirements so that all recipients can implement Title IX's promise of nondiscrimination fully and fairly in their educational environments.
▪︎Ensure 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.
Included in this email is a copy of Title IX (DEPARTMENT OF EDUCATION 34 CFR Part 106 [Docket ID ED–2021–OCR–0166] RIN 1870–AA16 Nondiscrimination on the Basis of S*x in Education Programs or Activities Receiving Federal Financial Assistance ).
HERE IS THE LINK WITH INFORMATION ON HOW TO COMMENT:
Federal eRulemaking Portal: Please go to
http://www.regulations.gov to submit your comments electronically. Information on using http://www.regulations.gov , including instructions for finding a rule on the site and submitting comments, is available on the site under “FAQ.”
