US Department of Education Formally Reviewing Title IX Regulations

The U.S. Department of Education’s Office for Civil Rights (OCR) has announced a comprehensive review of the Department’s regulations implementing Title IX of the Education Amendments of 1972. This announcement is in response to President Biden’s Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity.

Although the OCR will be undergoing a review of the orders, guidance, policies, and existing regulations—including the amendments to the Department’s Title IX regulations that took effect on August 14, 2020—the existing Title IX regulations will continue to remain in effect until further notice. That means that school districts must ensure that their Title IX policies and practices comply with Title IX, and, in particular, the regulations issued in August 2020 regarding sexual harassment.

In the meantime, our attorneys at Caplan & Earnest will be closely monitoring any developments at the federal level. If your school district has questions about aligning your policies to or complying with existing Title IX regulations, please contact one of our Education Law attorneys.