New Title IX Final Rule Unofficially Released
Effective Date of Implementation August 1, 2024
Overview
Just minutes ago, the U.S. Department of Education unofficially released the highly anticipated publication of a revised Final Rule under Title IX. The Final Rule is with the Federal Register (www.federalregister.gov/public-inspection/2024-07915/nondiscrimination-on-the-basis-of-sex-in-education-programs-or-activities-receiving-federal) for public inspection and will be officially released on April 29, 2024.
In an email announcing the unofficial release and providing additions resources including a press release (www.ed.gov/news/press-releases/us-department-education-releases-final-title-ix-regulations-providing-vital-protections-against-sex-discrimination), a fact sheet (www2.ed.gov/about/offices/list/ocr/docs/t9-final-rule-factsheet.pdf), a summary (www2.ed.gov/about/offices/list/ocr/docs/t9-final-rule-summary.pdf) of the major provisions of the final regulations, and a resource (www2.ed.gov/about/offices/list/ocr/docs/resource-nondiscrimination-policies.pdf) for drafting Title IX nondiscrimination policies, notices of nondiscrimination, and grievance procedures.
In the email, the Department states that the new Final Rule will advance Title IX’s promise of ensuring that no person experiences sex discrimination, including sex-based harassment or sexual violence, in federally funded education. The final regulations 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. The final regulations also require schools to take prompt and effective action when notified of conduct that reasonably may constitute sex discrimination in their education programs or activities. The final regulations 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.
The final regulations:
* Protect against all sex-based harassment and discrimination. The final rule protects all students and employees from all sex discrimination prohibited under Title IX, including by restoring and strengthening full protection from sexual violence and other sex-based harassment. The rule clarifies the steps a school must take to protect students, employees, and applicants from discrimination based on pregnancy or related conditions. And the rule protects against discrimination based on sex stereotypes, sexual orientation, gender identity, and sex characteristics.
* Promote accountability and fairness. The final rule promotes accountability by requiring schools to take prompt and effective action to end any sex discrimination in their education programs or activities, prevent its recurrence, and remedy its effects. The final rule requires schools to respond promptly to all complaints of sex discrimination with a fair, transparent, and reliable process that includes trained, unbiased decision-makers to evaluate all relevant and not otherwise impermissible evidence.
* Empower and support students and families. The final rule protects against retaliation for students, employees, and others who exercise their Title IX rights. The rule requires schools to communicate their nondiscrimination policies and procedures to all students, employees, and other participants in their education programs so that students and families understand their rights. The rule supports the right of parents and guardians to act on behalf of their elementary school and secondary school children. And the rule protects student privacy by prohibiting schools from making disclosures of personally identifiable information, with limited exceptions.
The Department’s rulemaking process is still ongoing for a Title IX regulation related to athletics. The Department proposed amendments to its athletics regulations in April 2023, and received over 150,000 public comments, which by law must be carefully considered.
What’s Next
CSPEN along with the rest of the higher education community will immediately begin our review of the new Final Rule and work to have an initial summary and analysis to supplement the information provided by the Department early next week, but we wanted to immediately share this important information with the community.
