Department of Education Postpones Release of Amended Title IX Regulations, Gives New Target Date of October 2023


Department of Education Postpones Release of Amended Title IX Regulations, Gives New Target Date of October 2023

May 31, 2023

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On May 26, 2023, the U.S. Department of Education announced that it is postponing the release of its highly anticipated amendments to the 2020 Title IX Regulations, which were originally expected in May 2023.  In a blog post titled “A Timing Update on Title IX Rulemaking,” the Department emphasized the Biden-Harris Administration’s ongoing commitment to guaranteeing all students an educational environment free from discrimination based on sex, but acknowledged that carefully reviewing and considering the more than 240,000 public comments the Department received in response to its July 2022 Notice of Proposed Rulemaking has taken longer than anticipated.  In light of such, the Department has modified its regulatory agenda to reflect a new anticipated date of October 2023 for the release of the final Title IX Regulations.

The Department also announced that it plans to release its separate Title IX Regulation governing athletic participation and gender identity according to the same October 2023 timeline.  The athletic participation Notice of Proposed Rulemaking received over 150,000 comments during its recent public comment period, which ran from April 12 to May 15, 2023.

Notably, the Department did not give any indication as to when the final Title IX Regulations—assuming they are released in October 2023—will go into effect.  By way of comparison, the 2020 Title IX Regulations went into effect in August 2020, after being released three months earlier in May.  While there is no guarantee that the Department will follow the same timeline as in 2020, school districts and higher education institutions should be mindful of the possibility that they may be required to revise policies and procedures, make staffing determinations and provide supplemental training to employees on new Title IX requirements while the 2023-2024 academic year is underway.

Robbins Schwartz will continue to monitor developments related to the anticipated release of the amended Title IX Regulations.  If you have questions about how the forthcoming Regulations may impact your school district or educational institution, please contact your Robbins Schwartz attorney.