Title IX—the federal statute that has helped girls and women advance in a variety of educational spheres, including athletics—turns fifty this year. This marks a milestone anniversary for the statute which prohibits sex-based discrimination in any school or education program that receives funding from the federal government.

On June 23, 2022, to commemorate the 50^th anniversary of Title IX, the U.S. Department of Education released its proposed changes to the existing regulations, inviting public comment. The proposed rule is the result of a comprehensive review of Title IX regulations that began in March 2021.  The proposed changes to the regulations include, but are not limited to, the following:

• Protection for students and employees from all forms of sex discrimination and sex-based harassment.
• Protection for the right of parents/guardians to support their children.
• Requirement that schools take swift action to end any sex discrimination and prevent its recurrence.
• Protection for students and employees who are pregnant or have pregnancy-related conditions.
• Requirement for schools to respond promptly to all complaints of sex discrimination.
• Requirement for schools to provide supportive measures to students and employees affected by conduct that may constitute sex discrimination.
• Protection for LGBTQI+ students from discrimination based on sexual orientation, gender identity, and sex characteristics.
• Protection from retaliation for students, employees, and others who employ their Title IX rights.
• Improve the adaptability of the regulations’ grievance procedure requirements.
• Ensure that schools share their nondiscrimination policies with all students and employees.

            The Department will engage in a separate rule-making to address Title IX’s application to athletics. The Department’s proposed Title IX regulations are open for public comment for 60 days—from now until early September—during which individuals, educational institutions, and other interested organizations may offer their feedback on the proposed changes and suggest others. After the comment period closes, the Department will review and evaluate the feedback received, and will publish a final rule. 

Consequently, school personnel, including designated Title IX coordinators, investigators, and decision-makers will require updated training. As always, the CGA Law Firm has a dedicated group of attorneys who are always monitoring developments to ensure your school’s staff and administration are compliant with federal laws and regulations. If you have any questions about the intricacies of the latest proposed Title IX regulations, or wish to receive updated training, please do not hesitate to reach out to Attorney Taylor Baublitz.