For over half a century, Title IX has enabled millions of students across to make significant progress in gaining access to school. Every student should be able to pursue an education without facing prejudice. For this reason, the U.S. Department of Education (Department) published its Final Rule under Title IX today, outlawing sex-based discrimination in educational initiatives or programs that receive funding from the federal government. The final regulations empower and assist kids and families while advancing accountability and fairness, educational equity, and opportunities for students nationwide.
U.S. Secretary of Education Miguel Cardona stated, “For more than 50 years, Title IX has promised an equal opportunity to learn and thrive in our nation’s schools free from sex discrimination.
These final regulations make it clear that all children in our country have access to schools that are welcoming, safe, and uphold their rights, thus building on the legacy of Title IX.
The final regulations fulfill the promise made by Title IX to guarantee that no one will be subjected to sex discrimination in federally supported education, including sex-based harassment or sexual violence. The final regulations give schools the information they need to fulfill their Title IX requirements while restoring and strengthening essential student protections. They also allow for appropriate discretion and flexibility to accommodate differences in school size, student population, and administrative structures. The final regulations also mandate that schools respond to reports of behavior in their programs or activities that could plausibly be construed as sex discrimination with reasonable promptitude and effectiveness. Additionally, the final regulations affirm the Department’s core commitment to fundamental fairness for all parties, the rights of parents and guardians to support their minor children, and respect for complainants’ autonomy.
Assistant Secretary for Civil Rights Catherine E. Lhamon stated, “These final regulations make clear that schools must promptly and effectively address all forms of sex discrimination under Title IX.” “We are excited to collaborate with families, schools, and students to stop and eradicate sexism.”
The Department is now in the process of developing a Title IX rule pertaining to sports. Over 150,000 public comments were received after the Department proposed changes to its athletics regulations in April 2023. These views are legally required to be thoroughly reviewed.
The final regulations are provided here in their unofficial version. A fact sheet, an overview of the key elements of the final regulations, and a tool for creating Title IX nondiscrimination policies, notices of nondiscrimination, and grievance letters have also been made available by the Department.
The final regulations take effect on August 1, 2024, and they include sex discrimination complaints pertaining to alleged behavior that happens on or after that date. The Department is dedicated to assisting schools in carrying out the final requirements, and it will give them extra resources and technical support to ensure compliance.