Final Title IX rules delayed once more as Education Department misses deadline

Higher Ed Dive 

Naaz Modan

November 1, 2023

The agency did not announce a new deadline for the two proposals, though advocacy groups worry about keeping the current rule in place.

Dive Brief:

• The U.S. Department of Education missed its October deadline to finalize two long-awaited sets of Title IX regulations, delaying their release once more. The department has not announced a new date of expected release.

• As of Tuesday, the Office of Management and Budget, which reviews any rule before it’s finalized, hadn’t reviewed either of the rules, one on athletics and the other containing broader Title IX guidance, according to the agency’s website. OMB reviews can take up to 90 days.

• The delay comes as nearly 130 civil rights, gender justice, and survivor advocacy organizations urged “immediate action” and said the administration’s decision to keep the Trump administration-era rule in place is “a worrying and dangerous trend.”

Dive Insight:

The department had originally planned to issue the Title IX final rules in May 2023, but postponed that deadline to October after receiving overwhelming feedback during both comment periods.

In response to the missed October deadline, an Education Department spokesperson reiterated that the agency “received a historic number of comments, and the Department is working overtime to ensure that each one is thoroughly read and carefully considered.”

“We are utilizing every resource at our disposal to complete this rulemaking process as soon as is practicable,” the department said in an email Tuesday afternoon.

Continue Reading