Oct 26, 2023
It's October 2023 and the long-awaited Title IX regulations remain a topic of anticipation and speculation. Back in May of 2023, the Department of Education and Office for Civil Rights projected that we'd see these new regulations this month. However, it seems highly unlikely that this timeline will be upheld. So where are we now? And when can we expect to see new Title IX regulations released? In today’s episode, we look back at what has happened thus far and where we might be going with these regulations. We get into the public comment period initiated by the Notice of Proposed Rulemaking, the thousands of comments the Office for Civil Rights is tasked with responding to, and the Office of Information and Regulatory Affairs (OIRA) review that is yet to be completed. Today’s episode also covers when we predict the new regulations will be released along with recommendations on what to do in the interim as you continue your compliance efforts. To hear all the latest on this topic and what to expect in the future, be sure to tune in!
Key Points From This Episode:
Some updates on what has been happening at ICS.
A quick rundown of our virtual and in-person training options.
The new Title IX regulations that were set to be released in October of 2023.
Assessing where we are now, in October 2023, and why we do not foresee the release of new Title IX regulations by the end of the month.
How the Department of Education is empowered to draft and release regulations.
A reminder of the draft rules, published in July of 2022, that amend the 2020 regulations.
The 2020 Title IX regulations that we have been under for the past four academic years.
An overview of the Notice of Proposed Rulemaking (NPRM) and how that initiated a public comment period under the Administrative Procedures Act (APA).
How the Office for Civil Rights is tasked with responding to all comments submitted.
The final regulation that gets released and how it can be modified by public comments.
Why we don’t expect either of the two announced regulations to be released this month: the Office of Information and Regulatory Affairs (OIRA) review that is yet to be done.
An overview of what the OIRA review entails.
Our prediction for when new regulations could be implemented in 2024.
Recommendations on how to continue compliance efforts in the interim.
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Links Mentioned in Today’s Episode:
'Consider an Interim Title IX Coordinator for a Cost-Effective Solution'
Higher Ed Virtual Certified IX Training