Legislative Brief - Title IX Regulations Update

TITLE IX REGULATIONS

Last week, the Department of Education released its final regulations under Title IX, which prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance. This rule promotes educational equity and opportunity for students across the country, as well as accountability and fairness, while empowering and supporting students and families.

The final regulations advance Title IX’s promise of ensuring no person experiences sex discrimination, including sex-based harassment or violence, in federal-funded education. They also restore and strengthen vital protections for students and provide schools with information to meet their Title IX obligations while offering appropriate discretion and flexibility to account for variations in school size, student populations and administrative structures. In addition, they require schools to take prompt and effective action when notified of conduct that reasonably may constitute sex discrimination in their programs or activities. They also reaffirm the Department’s core commitment to fundamental fairness for all parties, the rights of parents and guardians to support their minor children and respect for complainants’ autonomy.

Review the unofficial version of the rule online at: https://www2.ed.gov/about/offices/list/ocr/docs/t9-unofficial-final-rule-2024.pdf

The Department of Education also released a fact sheet, summary of the major provisions and a resource for drafting Title IX non-discrimination policies, notices of non-discrimination and grievance procedures.

The final regulations go into effect on August 1, 2024 and apply to complaints of sex discrimination regarding alleged conduct that occurs on or after that date. The Department of Education is committed to supporting schools in implementing the rule and will provide technical assistance and resources to support compliance.