Title IX Regulatory Changes Forthcoming

June 24, 2021

The Department of Education has formally announced plans to issue a new Title IX regulation and indicated in an online regulatory database that it would publish the proposed rule in May of 2022. A reminder that the proposed rule is not the final rule, meaning that it will go through the comment and review period thereafter. This could put the issuance of the final, revised, Title IX regulations well into 2023.

We are hearing that FAQs will come from the DOE this Fall. We expect the FAQs to focus on discrimination based on sexual orientation and gender identity (“SOGI”); however, they may also have information regarding OCR’s expected enforcement of the regulations.

ICS’ advice remains the same: the 2020 regulations are still in effect and are law. Your school should continue to train in accordance with the regulations and comply with them through policies, procedures and implementing the formal Title IX grievance process.

Count on ICS to keep you in the know about all the latest in Title IX. ICS provides a wide range of Title IX services, including its Community Access program (Higher Ed / K-12) and its live interactive trainings (Higher Ed / K-12). Contact us for more information.