On April 19, 2024, the U.S. Department of Education (Department) released its Final Rule under Title IX, which prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance. These changes are effective August 1, 2024. Until then, school districts should continue to implement current district policies, and specifically policy(ies) and guidelines that took effect in August 2020 regarding Title IX obligations to eliminate sexual harassment in education program(s) and/or activities.

According to the Department, the final regulations are intended to help ensure that all people, including students and employees, receive appropriate support if they experience sex discrimination in schools and that schools’ procedures for investigating and resolving complaints of sex discrimination are accurate and fair to all involved. The Department stated that the final regulations strengthen several major provisions from the current regulations and provide schools with information to meet their Title IX obligations while providing appropriate discretion and flexibility to account for variations in school size, student populations, and administrative structures. The final regulations also change the definition of “sex-based harassment”; the scope of sex discrimination, including schools’ obligations not to discriminate based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity; and schools’ obligations to provide an educational environment free from discrimination on the basis of sex.

Stay tuned for additional updates and guidance regarding the new regulations. In the meantime, the unofficial version of the final regulations is available here. In addition, the Department has released a fact sheet and a summary of the major provisions of the final regulations.