Title IX

Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination based on sex in education programs and activities that receive federal financial assistance. Title IX states “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance[.]” All federal agencies that provide grants of financial assistance are required to enforce Title IX’s nondiscrimination mandate. The U.S. Department of Education Office for Civil Rights enforces Title IX and any educational institution receiving federal financial assistance is covered by this statute.

In recent years OCR has been very aggressively enforcing this law, particularly as it relates to sexual harassment, sexual assault, and sex/ gender based stereotypes.

This section provides information about the latest policies and guidance disseminated by the Office for Civil Rights. It will also provide best practice information shared by AAAED members and colleagues that should be of use to you in your compliance and equal opportunity efforts.

2024 AMENDMENTS TO TITLE IX REGULATIONS

In April 2024, the Department issued a Final Rule amending the Department’s regulations implementing Title IX. The April 2024 final regulations promote educational equity and opportunity for students across the country by strengthening and clarifying protections that address all forms of sex discrimination, including sex-based harassment and sexual violence. The April 2024 final regulations advance Title IX's promise of ensuring that no person experiences sex discrimination, as well as accountability and fairness, while empowering and supporting students and families. 

The April 2024 Title IX regulation, which is codified in the Code of Federal Regulations at 34 CFR Part 106, is enforced by the Department’s Office for Civil Rights (OCR) and is effective on August 1, 2024.

Additional information about the April 2024 Final Regulations:

  • The Federal Register official publication of the Final Rule (April 29, 2024)
  • Fact Sheet  PDF (197K)
  • Summary of Major Provisions of the Department’s 2024 Title IX Final Rule  PDF (327K)
  • Resource for Drafting Nondiscrimination Policies, Notices of Nondiscrimination, and Grievance Procedures  PDF (322K)

 

2023 NOTICE OF PROPOSED RULE MAKING FOR ATHLETICS:

In April 2023, the U.S. Department of Education released a separate Notice of Proposed Rulemaking related to athletics that aims to advance Title IX’s longstanding goal of ensuring equal opportunity in athletics and would provide much needed clarity for students, parents, coaches, and schools. This NPRM was published in the Federal Register on April 13, 2023, and is available here. The Department received over 150,000 public comments and is in the process of carefully reviewing and considering all comments received during the comment period. 

Those comments are available for viewing here.

Links to Title IX of the Education Amendments of 1972 and its implementing regulation:

DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS

The Office for Civil Rights enforces several Federal civil rights laws that prohibit discrimination in programs or activities that receive federal financial assistance from the Department of Education. Discrimination on the basis of race, color, and national origin is prohibited by Title VI of the Civil Rights Act of 1964; discrimination on the basis of disability is prohibited by Section 504 of the Rehabilitation Act of 1973; and age discrimination is prohibited by the Age Discrimination Act of 1975. 

These civil rights laws enforced by OCR extend to all state education agencies, elementary and secondary school systems, colleges and universities, vocational schools, proprietary schools, state vocational rehabilitation agencies, libraries, and museums that receive U.S. Department of Education funds. Areas covered may include, but are not limited to: admissions, recruitment, financial aid, academic programs, student treatment and services, counseling and guidance, discipline, classroom assignment, grading, vocational education, recreation, physical education, athletics, housing, and employment. 

OCR also has responsibilities under Title II of the Americans with Disabilities Act of 1990 (prohibiting disability discrimination by public entities, whether or not they receive federal financial assistance). To view OCR’s guidance please visit the Policy Guidance Portal. In addition, as of January 8, 2002, OCR enforces the Boy Scouts of America Equal Access Act (Section 9525 of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001). Under the Boy Scouts of America Equal Access Act, no public elementary school or State or local education agency that provides an opportunity for one or more outside youth or community groups to meet on school premises or in school facilities before or after school hours shall deny equal access or a fair opportunity to meet to, or discriminate against, any group officially affiliated with the Boy Scouts of America, or any other youth group listed in Title 36 of the United States Code as a patriotic society.

Additional Reading:

Department of Education’s Case Resolutions outline OCR’s review of complaints and the subsequent enforcement actions and settlement agreements between an educational institution and the department.

Eckes, Suzanne and Lewis, Maria. “The complex and dynamic legal landscape of LGBTQ student rights.” Brookings (October 2020), https://www.brookings.edu/blog/brown-center-chalkboard/2020/10/19/the-complex-and-dynamic-legal-landscape-of-lgbtq-student-rights/

Carson, Sage and Nesbitt, Sarah. “The Cost of Reporting: Perpetrator, Retaliation, Institutional Betrayal, and Student Survivor Pushout.” Know Your IX, Advocates for Youth” (2021), https://www.knowyourix.org/wp-content/uploads/2021/03/Know-Your-IX-2021-Report-Final-Copy.pdf

Title IX and Substance Use
This document discusses the relationship between Title IX violations of sexual misconduct and substance use. It provides insights on how to prevent these acts from occurring and relevant statistics on the issue.

The Pregnant Scholar Initiative is the nation’s first and only legal resource center for pregnant and parenting students. The Pregnant Scholar’s team provides technical assistance to college and university administrators, faculty, and students, training on Title IX’s pregnancy-related protections, and assistance implementing best practice policies to support pregnant and parenting students.

Additional Links:

https://www2.ed.gov/policy/rights/guid/ocr/sexoverview.html: (Department) gives grants of financial assistance to schools and colleges and to certain other entities, including vocational rehabilitation programs and libraries.

Examples of the types of discrimination that are covered under Title IX include but are not limited to: sex-based harassment; sexual violence; pregnancy discrimination; the failure to provide equal athletic opportunity; sex-based discrimination in a school’s science, technology, engineering, and math (STEM) courses and programs; discriminatory application of dress code policies and/or enforcement; and retaliation: https://www2.ed.gov/policy/rights/guid/ocr/sexoverview.html