On April 19, 2024, the U.S. Department of Education released its final Title IX regulations. Title IX is the federal law protecting individuals against sex discrimination in education programs and activities supported by federal funding. The final regulations are effective on August 1, 2024, and apply to complaints of sex discrimination regarding alleged conduct that occurs on or after that date.
Background
The Department released proposed changes to the Title IX regulations in June 2022 after significant changes went into effect in August 2020. The federal rulemaking process requires a public comment period, which occurred in summer 2022. Since then, the Department has reviewed the more than 240,000 public comments received and addresses these comments in the final rule.
Resources
The unofficial version of the final regulations is available here. In addition, the Department has released a fact sheet, a summary of the major provisions of the final regulations, and a resource for drafting Title IX nondiscrimination policies, notices of nondiscrimination, and grievance procedures.
Next Steps
The final regulations go into effect on August 1, 2024. Until then, the regulations from 2020 remain in effect. An institution’s obligations to address sex- and gender-based harassment and discrimination stem from a variety of sources under federal and state law. To the extent state law and regulations do not conflict with the current Title IX regulations, an institution must follow both.
LCW has provided an in-depth special bulletin, and will host a webinar discussing the changes, as well as trainings, policies, procedures, and forms to assist our clients in complying with the new regulations. If your institution needs assistance in complying with federal and state laws protecting students and employees against sex discrimination and harassment, please contact one of our five offices statewide.