Earlier this morning, the Department of Education Office for Civil Rights released its long-awaited final Title IX regulations on sexual harassment. These new regulations, which replace the 2020 rules, will take effect on August 1, 2024. Until then, the 2020 rules continue to be in effect.  

Continue Reading Final Title IX Rule on Sexual Harassment Released Today 

As a quick update for our education clients, the Biden administration purportedly plans to delay the release date of the Title IX final rule on transgender athletes until after the presidential election. While the Department of Education has yet to officially confirm the news, the Washington Post reported last week that individuals close to the Biden administration, speaking on condition of anonymity, informed the Post that the administration made a political decision not to move on the Title IX athletics rule before the election. 

OCR first released a draft of the Title IX athletics rule in April 2023, a companion to the comprehensive Title IX proposed rule on sexual harassment that was released back in June 2022. As we reported last year, the proposed Title IX athletics rule would prohibit schools and colleges that receive federal aid from categorically banning students from participating in sports programs based on their gender identity, thus directly challenging state bans on transgender athlete participation. However, the proposed rule would also provide some flexibility for schools to determine their own sex-related eligibility criteria for more competitive sports programs. 

As a note, the Office of Information and Regulatory Affairs (OIRA) timetable has not been updated yet for either proposed Title IX rule, which are still both listed with a final release date of March 2024. While we anticipate that the Title IX rule on sexual harassment, which moved to the final stage of review in February, may be released late spring or early summer, given the numerous delays that we have seen already, this timeline is far from certain. 

We will continue to closely monitor the progress of the Title IX proposed rules, so stay tuned for further updates. As always, feel free to reach out to us for assistance in supporting your Title IX teams under the current rules. You can also check out our Title IX Trainings and Toolkits on our website here

We wanted to share a quick update that the final Title IX rules are now set to be released sometime in March 2024. The Office of Information and Regulatory Affairs (OIRA) just updated the final release dates on the Reginfo.gov website, which provides updates on federal regulatory actions, for both the Title IX rule on sexual harassment and the Title IX rule on athletic participation. Both Title IX rules were scheduled to be finalized in October 2023, but both received a large number of public comments, prompting the need for a longer review period by the Department of Education and pushing back the release date for both rules.  

We will continue to monitor the Title IX rule and agenda closely, so stay tuned for further insights and support from our Title IX team regarding the impact this new release date may have on your school’s policies, procedures, and training plans. And as always, do not hesitate to reach out for specific assistance with supporting your Title IX teams under the current rules.  

New school year, new roles, new personnel—these are just some of the reasons to schedule training on the Title IX requirements. While revisions to the Title IX regulations are pending, the 2020 Title IX regulations continue to apply and will for at least the first semester of the 2023-2024 school year. Read below for descriptions of our upcoming training options and click the links for pricing information. 

Continue Reading New Staff or New Roles? Franczek P.C. Offers Title IX Training for K-12 Administrators

As we head into the long weekend, we wanted to share a quick Title IX update from the Department of Education. The Department just announced through a blog post that due to the large number of public comments it received regarding its proposed rules to Title IX of the Education Amendments of 1972, it is moving the anticipated release date of the final rules to October 2023. Originally scheduled to be released this month, the final Title IX rules are expected to significantly change schools’ current obligations for responding to reports and complaints of sexual harassment. The Department also shared that it intends to release the final rule addressing athletics in October 2023.

Stay tuned for further insights and support from our Title IX team regarding the impact this new release date will have on your School’s policies, procedures, and training plans for the upcoming school year. And as always, do not hesitate to reach out for specific assistance with supporting your Title IX teams under the current rules, both as you end the current school year and prepare for the 2023-2024 school year. 

On April 6, the Department of Education Office for Civil Rights (OCR) released its much-anticipated proposed Title IX rule on the eligibility of students for participation in athletic programs based on their gender identity. The proposed rule, which has garnered a great deal of attention over its application to transgender students, would prohibit schools and colleges that receive federal financial aid from categorically banning students from participating in sports programs based on their gender identity. At the same time, the proposed rule would provide some flexibility for schools and colleges to determine their own sex-related eligibility criteria for more competitive programs, provided that the criteria fit within the rule’s framework.  

While the draft document released by OCR contains 114 pages of preamble commentary, which provides an in-depth discussion and analysis of the background and language of the proposed rule, the rule itself is brief, proposing a short paragraph addition to the Title IX regulations at 34 CFR § 106.41, which pertains to athletics. 

Continue Reading OCR Releases Proposed Rule Updating Title IX on Student Eligibility for Athletics

Athletics is poised to be a major topic in Title IX this year. The participation of transgender athletes in school sports continues to dominate headlines, as we reported earlier on this blog, while gender inequity remains a key concern in school sports programs 50 years after the passage of Title IX, despite major gains for female athletes and women’s sports. In this post, we provide updates on recent OCR resources and a complaint resolution that address Title IX issues related to school athletic programs. 

Continue Reading Title IX Updates in Athletics: Recent OCR Guidance, Complaint Resolution 

In this post, we continue our recap of recent Title IX-related news that you might have missed and noteworthy items to keep an eye on in 2023 (you can read updates from our last post here). Below, we cover recent federal government actions and proposals to bolster protections for students against sexual violence.  

Continue Reading Title IX Updates: Recent Moves by Biden Administration, Congress to Address Sexual Violence on Campus 

Happy New Year from the Title IX team at Franczek! Over the next several posts, we will be providing Title IX updates from the end of 2022 that you might have missed, as well as noteworthy items to keep an eye on in 2023. Below, we cover recent federal court decisions on school district policies regarding transgender students, which we predict will continue to be a major issue this year.  

Continue Reading Title IX Updates: Key Wins—and a Loss—in Federal Courts for Transgender Students and Athletes 

An article by Franczek’s Title IX team—partners Kaitlin Atlas, Amy Dickerson, Jennifer Smith, attorney Emily Tulloch, and law clerk Jenny Lee*—was published in the Winter 2022 Risk Management issue of the Illinois Association of School Business Officials (IASBO) UPDATE magazine. The article, titled “Title IX Investigations: How Do You Manage Complaints?”, featured the authors’ top tips for school officials on managing reports and complaints of sexual harassment and mitigating risk under the current Title IX regulations.

You can find the article in the Winter 2022 issue of UPDATE magazine here.

*Also authored by Jenny Lee, a third-year law student at Loyola University Chicago School of Law, currently a law clerk at Franczek P.C.