U.S. Department of Education Releases Changes to Title IX on 50th Anniversary
By William J. Zee & Megan E. Bomba
June 23, 2022
On the 50th Anniversary of the landmark civil rights law, the U.S. Department of Education (ED) released proposed amendments to Title IX. The ED previously announced that proposed amendments were to come following a March 2021 Executive Order that ordered the ED and Attorney General to review existing regulations and guidance.
The fact sheet included in the release details the proposed amendments, reiterating the ED’s commitment to, “ensuring that no person experiences sex discrimination in education.”
“The Department’s proposed amendments will restore vital protections for students in our nation’s schools which were eroded by controversial regulations implemented during the previous Administration,” states the fact sheet.
Specifically, the proposed regulations would:
- Clearly protect students and employees from all forms of sex discrimination.
- Provide full protection from sex-based harassment.
- Protect the right of parents and guardians to support their elementary and secondary school children.
- Protect students and employees who are pregnant or have pregnancy-related conditions.
- Require schools to take prompt and effective action to end any sex discrimination in their education programs or activities.
- Require schools to respond promptly to all complaints of sex discrimination with a fair and reliable process that includes trained, unbiased decisionmakers to evaluate all permissible evidence.
- Protect LGBTQI+ students from discrimination based on sexual orientation, gender identity, and sex characteristics.
- Require schools to provide supportive measures to students and employees affected by conduct that may constitute sex discrimination.
- Clarify and confirm protection from retaliation for students, employees, and others who exercise their Title IX rights.
- Improve 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 ED provided a summary of the major provisions of the ED’s proposed amendments along with the fact sheet.
The Education Law Group will review the proposed amendments and share with clients how to revise policy and practices according to the new regulations once they are released.
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. The Appel, Yost & Zee Education Law Group is working with various organizations to submit comments on behalf of our clients.
Should you have any questions about the proposed amendments or any Title IX-related questions, do not hesitate to contact William J. Zee or any of the attorneys in the Appel, Yost & Zee Education Law Group.