Status of New Title IX Regulations

October 5, 2023

Originally, the Department of Education stated they would release both the athletics regulation and the revised sexual misconduct regulation in May 2023. That deadline was moved to October 2023. Today is October 5, and it is very unlikely we will have new regulations this month.

As it stands, the Department of Education has not sent the regulations for Office of Information and Regulatory Affairs (OIRA) review, and no OIRA meetings with stakeholders have been held. Previously, OIRA held over 100 meetings with stakeholders between Nov. 2019 and March 2020 before publishing the final rules in May 2020. While we expect a somewhat shorter timeline now, it is likely the new rules will follow a similar path. In short, our best guess is that we will not have new regulations until Spring 2024, with an implementation in Fall 2024.

As always, we will notify you if we become aware of any changes to this timeline. In the meantime, we encourage you to continue your compliance efforts with the 2020 regulations, including:

1. Training all members of your Title IX team. ICS offers online on-demand courses through Title IX University (unlimited access for Community Partners) as well as live interactive virtual and in-person trainings. Our fall training options include a new trauma-informed practices course and in-person and virtual civil rights training;

2. Ensuring your policies and procedures are compliant with the 2020 regulations;

3. Evaluating team depth for responsiveness to reports. ICS serves as external Coordinators, Investigators, Decision-Makers, Informal Resolution Facilitators and Appellate Decision Makers for school districts and institutions on both Title IX and equity matters. We recently posted a blog on the benefit of Interim Coordinator Services that you can read here. Please reach out if you would like more information on these services.

Our team is here to support your compliance efforts. Also, we encourage you to become a Community Partner (Higher Ed / K-12) for additional resources and support. Please lean on us for assistance as we move through the fall.