As a result of President Biden issuing the Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity on March 8, 2021, the U.S. Department of Education Office for Civil Rights (OCR) announced on April 6, 2021, that it is beginning a comprehensive review of the Department’s regulations implementing Title IX of the Education Amendments of 1972.
In a letter to students, educators, and other stakeholders, OCR outlined plans to solicit the public’s input on the regulations, ultimately leading to possible revisions through a notice of proposed rulemaking.
The letter explained that OCR will hold public hearings to solicit the public’s views and insights on the issue of sexual harassment in school environments, including sexual violence, and discrimination based on sexual orientation and gender identity. Then OCR will determine what additional changes to the Title IX regulations and any related agency actions may be necessary to fulfill the Executive Order. OCR ultimately anticipates publishing a notice of proposed rulemaking to amend existing Title IX regulations. During this review process, the existing Title IX regulations, as amended in 2020, remain in effect.
Additionally, OCR will issue a new question-and-answer document in the coming weeks to assist schools, students, and others in better understanding OCR’s expectations with respect to compliance with Title IX and its regulations.
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Remember, an educational entity’s obligation to address sex- and gender-based harassment and discrimination stem from a variety of sources under federal and state law. If your school, college, or university needs assistance, please contact one of our five offices statewide. Learn more about LCW’s new Title IX compliance training program and other resources by visiting this page.