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
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
Recent court and OCR decisions regarding transgender students and employees reflect widely varying responses to the Biden administration’s efforts to expand protections for LGBTQ+ individuals under federal law, including Title IX. In January 2021, President Biden issued an executive order applying the Supreme Court’s decision in Bostock v. Clayton County to all federal laws prohibiting sex-based discrimination, clarifying that sex discrimination includes discrimination based on gender identity and sexual orientation.
Continue Reading What’s the Future for Biden Administration Protections for LGBTQ+ Students and Employees under Title IX?
On July 18, 2022, the U.S. Department of Education’s Office for Civil Rights (OCR) released its revised Case Processing Manual (CPM), which was last updated in August 2020. The CPM outlines the procedures OCR uses to investigate and resolve complaints under the civil rights laws it enforces, including Title IX, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act of 1973. The revised manual contains several noteworthy changes schools and colleges should be aware of, including the following highlighted below.
Definition of “complaint”
- Defines “complaint” as “a written statement to the Department [of Education] alleging that the rights of one or more persons have been violated and requesting that the Department take action.”
- Expressly states that the following are not considered complaints: oral allegations, anonymous correspondence, courtesy copies of correspondence or a complaint filed or submitted somewhere else, and inquiries that seek advice/information but not action/intervention. Previously, OCR was permitted to determine on a case-by-case basis whether to process such correspondence or inquiries as a complaint.
- Clarifies that OCR may investigate Title IX complaints filed by employees as well as by students, parents, and applicants.
As we discussed in a previous alert, the Biden administration recently released its proposed Title IX regulations. Today, the administration published the proposed regulations in the Federal Register, beginning the 60-day public comment period. Members of the public will have until September 12, 2022, to submit comments related to the proposed rules. Comments may …
Today, the Biden administration released its highly anticipated proposed Title IX regulations on the 50th anniversary of the passage of Title IX. The unofficial draft of the proposed rule can be found here. The Department also released a fact sheet on the draft rule as well as the Department’s summary of the draft rule’s major provisions.
Continue Reading Biden Administration Releases New Proposed Title IX Regulations
In March, the U.S. District Court of the Western District of Washington ruled against a school district in favor of a student with intellectual disabilities, who was awarded $500,000 by a jury based on the district’s failure to address repeated acts of peer sexual harassment against the student. In the lawsuit, the plaintiff alleged that the school district violated the student’s due process and equal protection rights, violated Title IX, violated the Washington Law against Discrimination, and was negligent. The jury returned a verdict in favor of the plaintiff on her due process, equal protection, and negligence claims, and the court denied the district’s motion to set the verdict aside.
The case, Berg v. Bethel School District, is instructive on a range of issues relating to sexual misconduct involving students with disabilities, including a school district’s duty to protect a student with disabilities from sexual harassment even when the student does not explicitly object to the misconduct. Continue Reading Can a School District Be Liable for Student-on-Student Sexual Harassment Even When a Student Does Not Explicitly Object? Federal District Court Says Yes
In December, the Biden Administration announced that it plans to release new Title IX draft rules to the public by April 2022. (See our previous post on the announcement here.) Last week, the Department of Education Office for Civil Rights (OCR) provided an update on the latest step in this process.
On Friday, OCR reported on its blog that the Department of Education sent the draft of the proposed Title IX amendments to the Office of Information and Regulatory Affairs (OIRA). At this stage, the draft amendments—known as a Notice of Proposed Rulemaking (NPRM)—are not yet available for public viewing. An internal review will be conducted by OIRA and the Department of Justice to analyze the costs and benefits of the proposed rules. Following the internal review process, the Department of Education will publish the draft rules in the Federal Register, where members of the public will have the opportunity to submit their comments on the proposed regulations. While the FAQs on the OIRA review process state that the process may take up to 90 days, the Department of Education may still be on track to issue the proposed amendments in April depending on how long the OIRA review takes. Continue Reading OCR Provides Update on Rulemaking Process for Title IX