What’s new in Law?
Final Title IX Regulations in 2024
The U.S. Department of Education (Department) has amended the Title IX regulations, effective August 1, 2024. These changes are designed to enhance clarity, ensure equitable treatment across various scenarios, and strengthen compliance with Title IX regulations in educational settings.
Here are Key Provisions of the Department of Education’s 2024 Title IX Final Rule:
- Title IX and its regulations take precedence over conflicting state laws or FERPA provisions.
- Schools must designate a Title IX Coordinator and publish nondiscrimination policies and grievance procedures.
- Specific training requirements for Title IX coordinators, investigators, and decision-makers are outlined.
- Schools must ensure the rights of students with disabilities are protected under Title IX.
- Records related to Title IX cases must be maintained for at least seven years.
- Sex discrimination now explicitly includes discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
- Title IX applies to all sex discrimination within a recipient’s education program or activity in the U.S. This includes addressing a hostile environment even if some of the contributing conduct occurred outside the education program or activity, or outside the U.S.
- Institutions must not separate or treat individuals differently based on sex in ways that cause more than minimal harm, except in specific circumstances permitted by Title IX. Preventing someone from participating in educational activities consistent with their gender identity is considered more than minimal harm.
- Prohibits discrimination based on parental, family, or marital status. Schools must not discriminate based on pregnancy or related conditions and are required to provide reasonable modifications, such as lactation breaks and spaces. Documentation requirements for such modifications must be reasonable and necessary.