U.S. Department of Education Releases Final Title IX Regulations, Providing Vital Protections Against Sex Discrimination

For more than 50 years, Title IX has paved the way for tremendous strides in access to education for millions of students across the country. Every student deserves educational opportunity free from discrimination. That is why today the U.S. Department of Education (Department) released its Final Rule under Title IX, which prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance. The final regulations promote educational equity and opportunity for students across the country as well as accountability and fairness, while empowering and supporting students and families.

“For more than 50 years, Title IX has promised an equal opportunity to learn and thrive in our nation’s schools free from sex discrimination,” said U.S. Secretary of Education Miguel Cardona. “These final regulations build on the legacy of Title IX by clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights.”

The final regulations advance Title IX’s promise of ensuring that no person experiences sex discrimination, including sex-based harassment or sexual violence, in federally funded education. The final regulations restore and strengthen vital protections for students, and provide schools with information to meet their Title IX obligations while offering appropriate discretion and flexibility to account for variations in school size, student populations, and administrative structures. The final regulations also require schools to take prompt and effective action when notified of conduct that reasonably may constitute sex discrimination in their education programs or activities. The final regulations also reaffirm the Department’s core commitment to fundamental fairness for all parties, the rights of parents and guardians to support their minor children, and respect for complainants’ autonomy.

The final regulations:

• Protect against all sex-based harassment and discrimination. The final rule protects all students and employees from all sex discrimination prohibited under Title IX, including by restoring and strengthening full protection from sexual violence and other sex-based harassment. The rule clarifies the steps a school must take to protect students, employees, and applicants from discrimination based on pregnancy or related conditions. And the rule protects against discrimination based on sex stereotypes, sexual orientation, gender identity, and sex characteristics.
• Promote accountability and fairness. The final rule promotes accountability by requiring schools to take prompt and effective action to end any sex discrimination in their education programs or activities, prevent its recurrence, and remedy its effects. The final rule requires schools to respond promptly to all complaints of sex discrimination with a fair, transparent, and reliable process that includes trained, unbiased decisionmakers to evaluate all relevant and not otherwise impermissible evidence.
• Empower and support students and families. The final rule protects against retaliation for students, employees, and others who exercise their Title IX rights. The rule requires schools to communicate their nondiscrimination policies and procedures to all students, employees, and other participants in their education programs so that students and families understand their rights. The rule supports the right of parents and guardians to act on behalf of their elementary school and secondary school children. And the rule protects student privacy by prohibiting schools from making disclosures of personally identifiable information with limited exceptions.

“These final regulations clarify Title IX’s requirement that schools promptly and effectively address all forms of sex discrimination,” said Assistant Secretary for Civil Rights Catherine E. Lhamon. “We look forward to working with schools, students, and families to prevent and eliminate sex discrimination.”

The Department’s rulemaking process is still ongoing for a Title IX regulation related to athletics. The Department proposed amendments to its athletics regulations in April 2023, and received over 150,000 public comments, which by law must be carefully considered.

The unofficial version of the final regulations is available here. In addition, the Department has released a fact sheet, a summary of the major provisions of the final regulations, and a resource for drafting Title IX nondiscrimination policies, notices of nondiscrimination, and grievance procedures.

The final regulations are effective on Aug 1, 2024, and apply to complaints of sex discrimination regarding alleged conduct that occurs on or after that date. The Department is committed to supporting schools in implementing the final regulations and will provide technical assistance and additional resources to schools to support implementation and compliance.