Earlier this month, the United States Department of Education (“DOE” or “Department”) announced that it plans to issue the much-anticipated Title IX regulations in March 2024 according to the latest regulatory agenda published by the United States Office of Information and Regulatory Affairs. This is the second time the final Title IX sexual harassment regulations have been delayed by the Department.
On June 23, 2022, on the 50th anniversary of Title IX of the Education Amendments of 1972, the DOE issued Notice of Proposed Rulemaking (“NPRM”) that would drastically change the Trump-era regulations governing how educational institutions receiving federal financial assistance address allegations of sex discrimination, specifically sexual harassment, in their education programs or activities. Initially, DOE stated that the final Title IX regulations would be published in May 2023. However, the NPRM received more than 240,000 comments, which caused the Department to delay publication of the regulations until October 2023.
In addition to the regulations governing Title IX sexual harassment, the Department has also delayed publication of the final regulations governing sex-related eligibility criteria for participation athletic teams. The Department issued NPRM regarding sex-related criteria for participation on female and male athletic teams earlier this year, in April 2023. The Department’s regulatory agenda anticipates that these regulations will also be published in March 2024.
