Department of Education Moves Forward With Title IX Final Rule
On February 2, 2024, the Department of Education (ED) sent its highly anticipated Title IX final rule to the White House Office of Information and Regulatory Affairs (OIRA) for review. OIRA review is the final step before the Title IX rule is published. While ED’s final rule is being reviewed, the public is not provided with any specific details on changes to the proposed rule. However, interested stakeholders can request a meeting with the administrator while a rule is under review.
The Department of Education introduced a Title IX proposed rule in June 2022, under which the department proposed to replace the Trump administration’s 2020 Title IX rule and establish expanded protections against sex-based discrimination to cover sexual orientation, gender identity, and pregnancy or related conditions. CUPA-HR submitted comments in response to the proposed rule, in which we brought attention to the possible impact the proposed regulations could have on how higher education institutions address employment discrimination.
The Department of Education has been reviewing the 240,000 submitted comments in response to the Title IX proposed rule since the comment period closed in September 2022. The final rule was initially included in the Fall 2022 Regulatory Agenda with a target release date in May 2023, but the department had to further delay that timeline to ensure all comments submitted in response to the proposed rule were reviewed and addressed in the final rule. Most recently, ED indicated a March 2024 release of the final rule in the Fall 2023 Regulatory Agenda.
OIRA reviews typically last between 30-60 days, though the agency has up to 90 days to review the rule before it is released to the public. As such, the final rule could be released as soon as early March, possibly meeting the Fall 2023 Regulatory Agenda’s target date.
Once the final rule is published, CUPA-HR will hold a webinar presented by Title IX experts. In the meantime, CUPA-HR will keep members apprised of additional updates on the Title IX final rule, including when the review is completed and the rule is published.
