Countdown to the Final Title IX Rules: NPRM Refresher

You are not imagining things if it feels like  just yesterday that the administration completely overhauled the Title IX Rules, establishing new requirements and expectations for schools in combatting sex-based discrimination.

In 2020, re-written Title IX regulations took effect with numerous mandates including specific training requirements and a whole set of prescriptive processes schools must follow in implementing thier non-discrimination policies and procedures. 

After the most recent presidential election, the Biden administration announced it would, again, be re-writting the rules and in 2022, these proposed rules were published via an NPMR (Notice of Proposed Rulemaking). Late last year, the Department of Education promised Final Rules in May of 2023, and on May 26, the Friday before the long Memorial Day weekend, ED published an update to its regulatory timeline, pushing back publication of the Final Rule to October 2023.

What does that mean for you? Adhere to current rules, but be prepared for changes in the coming months.

First, current rules must be followed (the old "new" rules from 2020). These rules remain in full force and effect until the new, "new" rules become effective. While we expect from recent announcements that these new rules will be published in final form in October, we don't know what the effective dates will be for various provisions until they are released. This means you must continue to meet mandated training requirements, adhere to the various due process protections baked into the current rules, including those requiring live hearings and cross-examination, in the postsecondary setting.

T9Now is gearing up now to offer comprehensive training on the new 2023 rules which we plan to roll-out in the Fall of 2023. In the meantime current on-demand training is available for new Title IX officials or those needing a refresher in the interim.