Here’s the Education Department’s next regulatory agenda

Higher Ed Dive

Jeremy Bauer-Wolf

January 5, 2023

The U.S. Department of Education unveiled sweeping regulatory priorities late Wednesday, pinning a publishing date for its final Title IX rule and announcing policy negotiations on such topics as accreditation and distance learning.

The Biden administration’s policy roadmap follows regulatory work over the last two years that largely moved to clamp down on for-profit institutions and bolster protections for student loan borrowers. As Congress remains gridlocked with a Democratic-controlled Senate and a wafer-thin Republican House majority, most substantial policy changes will likely stem from executive action.

In May 2023, Education Department officials intend to publish a completed Title IX rule after U.S. Education Secretary Miguel Cardona issued his proposal last June. 

This is a short turnaround compared to the current regulation, which former Education Secretary Betsy DeVos proffered. It took nearly two years to come into effect after she introduced it in draft form in November 2018.

Title IX bans sex-based discrimination in federally funded schools. Though the statute has historically tried to ensure equity in academics and athletics, in contemporary times it has also morphed into a safeguard against sexual violence and rape.

This evolution heralded political controversy that still lingers. Critics argued the federal government pressured colleges to find students accused of sexual assault responsible at the expense of due process rights.

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