By: Sally Roller
On April 19, 2024, the U.S. Department of Education released its final rule to fully effectuate Title IX’s promise that no person experiences sex discrimination in federally funded education.[1] The 2024 Title IX regulations require that schools, colleges, and universities must implement the final rule by August 1, 2024.
Since their introduction, the 2024 Title IX Regulations have been met with opposition. As of July 31, 2024, pursuant to Federal court orders, the U.S. Department of Education is currently enjoined from enforcing the 2024 Regulations in the states of Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming. [2] These states will continue to follow the 2020 Title IX Final Rule. Colorado, however, does not have an injunction in place. As such, Colorado schools, colleges, and universities are required to implement the 2024 Title IX Regulations.
The Office for Civil Rights released resources to help schools, colleges, and universities implement the Title IX 2024 regulations. These resources include:
- Brief Overview of Key Provisions of the Department of Education’s 2024 Title IX Final Rule, which summarizes key provisions that were amended in the 2024 Title IX Regulations.
- 2024 Title IX Regulations: Pointers for Implementation, which supports schools by listing key components of the 2024 Title IX regulations to assist schools with implementation.
- Resource for Drafting Nondiscrimination Policies, Notices of Nondiscrimination, and Grievance Procedures, which is designed to help schools draft policies and procedures that comply with these new regulations.
- Small Entity Compliance Guide, which explains the 2024 Title IX Regulations for small entities, pursuant to Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.
OCR said that the resources are also published Sex Discrimination: Overview of the Law, which also includes a link to the final regulations as published in the electronic Code of Federal Regulations at 34 CFR Part 106, as well as the official and unofficial version and preamble.
[1] U.S. Dept of Educ., U.S. Department of Education Releases Final Regulations, Providing Vital Protections Against Sex Discrimination, available at: https://www.ed.gov/news/press-releases/us-department-education-releases-final-title-ix-regulations-providing-vital-protections-against-sex-discrimination.
[2] ATIXA, 2024 Title IX Regulations Are Here. Now what?, available at: https://www.atixa.org/regs/#injunction (listing injunctions nationwide).