What is Happening with Title VI and the Department of Energy?

Have you seen the recent headlines about new civil rights rules coming from the Department of Energy (DOE)? Did you feel surprised? Confused? You are not alone. For schools, districts, and institutions that are used to navigating compliance through the Department of Education (ED), the DOE’s sudden involvement in Title VI and Title IX compliance is unexpected.

What Is a Direct Final Rule?

A Direct Final Rule (DFR) is a tool that allows federal agencies to adopt new rules without the usual “notice-and-comment” period as long as no significant public objections are received.

In other words, the agency publishes the rule and gives a short window (typically 30 days) for public comment. If no serious objections are submitted, the rule takes effect automatically on the proposed date.

This method is designed to be used for routine or non-controversial changes, but the DOE’s recent use of DFRs has many experts raising both eyebrows and questions.

Why Is the DOE Using DFRs for Civil Rights Rules?

In May 2025, the DOE published DFRs that would affect the terms and conditions tied to receiving federal funding for research, infrastructure, and energy-related projects. These DFRs included two civil rights updates:

• One would roll back a Title IX rule requiring schools to let students try out for the opposite gender’s sports team if no such team exists for their gender.
• Another would narrow the scope of Title VI, limiting the use of “disparate impact” in claims of racial discrimination.

Because many schools, districts, and institutions receive DOE grants, these rules would have a real impact on compliance obligations if they are finalized.

The public comment period for these rules ended on June 16, 2025, and they are currently scheduled to take effect on July 15, 2025. However, thousands of comments were submitted, and legal challenges are expected. For more details, you can read Inside Higher Ed’s coverage.

Is This Common?

Not Really. DFRs are typically used when rule changes are minor, uncontested, or technical, and are unlikely to generate significant public objection. Using them to revise longstanding civil rights standards, especially under Title VI and Title IX, is highly unusual.

Receive DOE Funding? Here Is What Matters For You

If your school, district, or institution receives DOE funding, you need to be paying attention. Even if the DFRs are ultimately blocked or delayed, the attempt itself shows how regulatory change can come from less-expected agencies and outside of the ED.

In the short term:

• Keep an eye on whether the DFRs are finalized or challenged.
• Review your existing compliance obligations tied to DOE grants.
• Prepare for potential clarification (or conflict!) between DOE and ED expectations.

How Does Title VI Fit In?

Title VI of the Civil Rights Act prohibits discrimination on the basis of race, color, or national origin/shared ancestry in any program or activity receiving federal financial assistance. Though this law has existed for decades, institutions are only now beginning to build formal Title VI systems, much like they did with Title IX starting a decade ago.

At ICS, we have seen this shift happening in real time. We are getting asked questions like:

• Who should oversee our Title VI response?
• What policies need to be updated or added to account for Title VI?
• How do we train staff to respond to race-based discrimination complaints?
• What is our investigation protocol?

Many institutions have the desire to get this right, but they lack clear direction and expertise. ICS has built a reputation as a trusted Title IX training expert, but our support extends beyond that. We help schools, districts, and institutions across the country implement and strengthen their Title VI compliance frameworks through training, policy support, and more.

Upcoming Title VI Trainings from ICS

Our Title VI training opportunities include:

• Live virtual and in-person sessions this fall
• In-Person Training Compliance & Communication: A 360° Training for Education Administrators | Sept. 10-12 (Day 2 covers Title VI Coordinator Training)
• Virtual Training Title VI Coordinator | Sept. 23
• Virtual Training Civil Rights Investigator | Sept. 24

Use code SUMMER to get $50 off any training through August 1.

For our Community Partners, there is 24/7 on-demand access to Title VI training through our Title IX University learning platform. Learn more about becoming a K-12 or Higher Ed Community Partner today.

Let’s move forward with clarity, not confusion, and get Title VI right, together.