In August of 2020, new Title IX regulations took effect that govern how schools must respond to sexual assault and harassment complaints. The regulations require a strict investigative, decision-making and appeal process. They also contain an unusual anti-retaliation provision that restricts the ability of school districts to take action under other policies. Education advocates have been largely opposed to these rules.
Upon his election, President Biden committed to undoing many of the 2020 changes to the regulations. Yesterday, the U.S. Department of Education formally announced it intends to significantly revise the current Title IX regulations, setting a target date of April 2022 to release proposed rules for public comment.
Given the Biden Administration’s stated plan to revise the Title IX regulations, many school districts have been slow to update their Title IX policies to reflect the 2020 requirements, instead choosing to wait for the forthcoming revisions. School districts, however, are wise to recognize that the current regulations have the force of law until they are formally revised. As such, we recommend school districts continue to follow the current regulations until that time.
We will continue to monitor developments in this area and provide further updates as warranted.
Please contact any member of our Primary and Secondary Education Law Team with any questions about this update.