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There’s Work to be Done in the Waiting

June 1, 2023

Summer is here, and with it hopefully some respite from this academic year for school administrators. On Friday May 26th, as we headed into a long holiday weekend, the Department of Education released a blog post announcing that it is updating its timeline from May to October 2023 for the final Title IX rule. As a reminder, there are two proposed regulations the Department expects to release in October – one amending the 2020 Title IX regulations on sexual harassment and the other on participation in athletics.

Many of us were prepared for a busy summer coming into compliance with the new regulations, similar to 2020. This news provides some relief, but there is still so much work to be done this summer in equity and Title IX. To prepare for the fall, ICS provides a summer checklist to its Community Partners. If you would like a copy, please reach out to us. Here are some important points in the wake of this news:

1.  Another academic year under the 2020 Title IX regulations.  The 2020 Title IX regulations remain in effect. If the new regulations are released in October, there will be a stated time frame for implementation. Our best guess is a July 1 or August 2024 implementation deadline. That means likely another full academic year under the 2020 regulations.

2.  The upcoming academic school year marks 4 years under the 2020 regulations. With the new anticipated timeframe, we are going into our 4th year under the 2020 regulations. We know, from working with districts and institutions across the country, that many are still not in compliance. While the pandemic may have been a reason for a delay in compliance in 2021, it is no longer a reasonable explanation for lack of compliance today. The Department has also re-emphasized that enforcement is a top priority.

3.  Continue your compliance efforts. Many clients have been holding funding for training and other support in anticipation of the new regulations. Anecdotally, we know that Title IX team members change often – sometimes mid-year, sometimes yearly, sometimes monthly. If your team is trained under the Title IX regulations and has not changed since their last training, then perhaps just a refresher is appropriate. Otherwise, advocate for the funding to provide now for training and support to ensure your Title IX team is adequately prepared for this academic year.

ICS has a busy summer ahead- going on the road conducting in-person training and working with clients and Community Partners to update policies and procedures. We would love to work with your school or institution, or have you in one of our live virtual trainings this Fall. We are also hosting an in-person K12 Title IX training in St. Simons Island in October. Join us at the beach for an interactive training – early bird ends on August 1st so grab your spot now!

Lastly, our annual Back to School webinar is scheduled for August 10th. We just completed a free Webinar Wednesday series, and there will be more in the Fall. If you missed them and would like the recording from any of our webinars (over 1,000 attended!), reach out to us.

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