The U.S. Department of Education’s Office for Civil Rights (OCR) has sent its draft proposed amendments to the Title IX regulations to the Office of Information and Regulatory Affairs (OIRA) for internal review. The submission of the draft amendments, known as the Notice of Proposed Rulemaking (NPRM), is the first formal step in the federal regulation revision process. OIRA review includes a cost-benefit analysis of the proposed rules and a review by the Department of Justice, which has the responsibility to review federal agencies’ proposed rules related to civil rights. Following this review process, the Department of Education anticipates it will publish the NPRM in the Federal Register, at which point the public will have the opportunity to comment on the proposed regulations. The Department of Education previously announced it expects the NPRM will be published in April 2022.
The 2020 regulations remain in effect while the rulemaking process is ongoing. As LCW previously reported, OCR has ceased enforcement of 34 C.F.R. § 106.45(b), which prohibits the hearing officer from relying on statements not subject to cross-examination, following a ruling from a federal district court vacating that requirement.
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An educational entity’s obligation to address sex- and gender-based harassment and discrimination stem from a variety of sources under federal and state law. If your school, college, or university needs assistance, please contact one of our five offices statewide. Learn more about LCW’s Title IX compliance training program and other resources by visiting this page.