Education Department Inviting Comments on Changes to Title IX

On June 23, the 50^th anniversary of the passage of the Title IX law enforcing protections against sex-based discrimination in schools, the Department of Education released a proposal to change Title IX regulations and invited stakeholder feedback on the proposed changes. The proposal would implement several changes aiming to expand protections against discrimination based on sexual orientation or gender identity in schools. According to the announcement, the new Title IX rules would:

• Protect students and employees from all forms of sex discrimination and provide full protection from sex-based harassment.
• Protect the right of parents and guardians to support their school children.
• Require schools to take prompt and effective action to end any sex discrimination in their education programs or activities.
• Protect students and employees who are pregnant or have pregnancy-related conditions.
• Require schools to respond promptly to all complaints of sex discrimination with a fair and reliable process evaluated by trained, unbiased decisionmakers.
• Require schools to provide supportive measures to students and employees, including students who have brought complaints or been accused of sex-based harassment.
• Protect LGBTQI+ students from discrimination based on sexual orientation, gender identity, and sex characteristics.
• Clarify and confirm protection from retaliation for students, employees, and others who exercise their Title IX rights.
• Improve the adaptability of the regulations’ grievance procedure requirements.
• Ensure that schools share their nondiscrimination policies with all students, employees, and others.

Comments will be accepted through September 12 through the Federal Register. A complete summary of the changes is available on the Education Department website.