Proposed Changes to Title IX Regulations Coming in April 2022

By William J. Zee & Megan E. Bomba

January 18, 2022

The U.S. Department of Education (ED) recently announced that it will release new proposed Title IX regulations in April 2022.

“Today's step reflects the Department's commitment to work as speedily as possible toward appropriate and effective regulation in recognition of the importance of ensuring equal access to education for all students and addressing the threat to equal access posed by all forms of sex discrimination, including sexual harassment,” said the ED’s Assistant Secretary for Civil Rights Catherine R. Lhamon in a statement addressing the anticipated changes.

While it remains unclear what changes will be made with new regulations, it is believed that issues involving sexual orientation and gender identity will be one of the primary items addressed. Based on commentary from the Biden administration, this may include efforts to codify elements of the United States Supreme Court decision in Bostock v. Clayton County at the K-12 level.

Despite the release coming a month earlier than previously expected, the new regulations will not affect school districts immediately. Public comment on the proposed regulations occur prior to issuance of the final version of the new regulations. Schools will likely be required to implement the changes during the 2022-2023 school year.

In the interim, school districts should continue to review policies to ensure they are compliant with the current regulations and focus on training staff in the Title IX grievance process.

The Appel, Yost & Zee Education Law Group will continue to update our clients on new guidance and legal requirements pertaining to the application of Title IX.

Should you have any questions about this announcement, or any other Title IX-related issue, please do not hesitate to contact William J. Zee or any of the attorneys in the Appel, Yost & Zee Education group.