Final Title IX rules likely to be pushed beyond October

Higher Ed Dive

Jeremy Bauer-Wolf

August 31, 2023

The U.S. Department of Education probably won’t meet its own October deadline for releasing the two final Title IX regulations that colleges are anxiously awaiting, policy experts and practitioners say.

The likely delay is a blow to the Biden administration, which has made a rework to federal sexual misconduct and gender identity policies a signature initiative. Colleges are also in an awkward position of adhering to an existing Trump-era Title IX regulation, while still needing to prepare for a completely new slate of rules.

Title IX is the law banning sex-based discrimination, including sexual violence, in federally funded colleges and K-12 schools.

The White House has dual regulatory proposals pending: One would dictate how institutions investigate and potentially punish sexual misconduct, and the other would prohibit blanket bans on transgender athletes taking part in sports that match their gender identity. However, transgender players might not be allowed to participate in sports aligned with their gender identity if a school determines it needs a sex-based restriction, like to ensure fairness or prevent injury.

The Education Department targeted a May release date for the final rules, which it then moved to October. It also initially wanted to issue the sexual misconduct Title IX rule in April.

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