On April 19, 2024, the Biden administration released the final rule amending Title IX of the Education Amendments of 1972 (Title IX), with an August 1st implementation deadline. While the deadline has arrived and there is still some level of uncertainty, many schools will want to come into compliance. Potential for legal exposure exists, and many institutions are proactively pursuing said compliance. E&I’s Title IX service providers can help.

The current changes mark a shift in how K-12 and institutions of higher education will be required to address sex-based discrimination in education programs or activities, including sexual violence and other sex-based harassment. The new rule provides expanded protections for LGBTQI+ and pregnant students and employees, though does not address transgender participation in sports. Notable changes include the scope and application of sex discrimination and Title IX, respectively, easing reporting processes for those wishing to file a complaint, and removing the requirement for live hearings with cross-examination in higher education. The rule also reintroduces the single-investigator model and clarifies the option for offering an informal resolution process, allowing for some flexibility based on school size, student populations, and administrative structures.