May 11, 2021

Volume XI, Number 131

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May 11, 2021

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May 10, 2021

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U.S. Department of Education Announces Plans to Conduct Comprehensive Review of Title IX Regulations

On April 6, 2021, the U.S. Department of Education’s Office for Civil Rights (OCR) announced plans to begin a comprehensive review of its regulations implementing Title IX of the Education Amendments of 1972, in response to President Joe Biden’s executive order of March 8, 2021, “Executive Order on Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity” (Executive Order 14021). According to the order, “all students should be guaranteed an educational environment free from discrimination on the basis of sex,” including discrimination based on sexual orientation or gender identity. The executive order requires the Department of Education to “review all existing regulations, orders, guidance documents, policies, and any other similar agency actions,” including the final Title IX campus sexual assault regulations, which were released on May 6, 2020, and became effective on August 14, 2020.

In a letter to stakeholders, including students, educators, and other members of the public, OCR explained that it was “undertaking a comprehensive review” of current Title IX regulations and requesting input from the public on “the issue of sexual harassment in school environments, including sexual violence, and discrimination based on sexual orientation and gender identity.” OCR stated that the feedback would help it determine whether any changes to the Title IX regulations were needed to comply with Executive Order 14021.

OCR asked stakeholders to share their perspectives through oral and written comments at an upcoming public hearing. OCR stated that it would release a new “question-and-answer document in the coming months” to outline its expectations with respect to compliance with Title IX and the 2020 amendments. OCR also stated that it “anticipate[d]” that “[a]fter hearing from the public and completing its review of the Department’s current Title IX regulations and other agency actions, [it would] publish[] in the Federal Register a notice of proposed rulemaking to amend the Department’s Title IX regulations.” During this review process, the existing Title IX regulations will remain in effect.

The next steps could include a notice of proposed rulemaking, legal action to stay enforcement of the 2020 regulations, or even a decision by the Department of Education itself to cease enforcement of some of the new regulations. 

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© 2021, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XI, Number 104
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Atkins, Ogletree, portrait, disability access
Of Counsel

Lisa Karen Atkins has served as litigation and in-house counsel in a variety of settings since 1990. She has over 20 years' experience defending public and private employers ranging from colleges, universities, and technology centers to clients in property management, child care, food services, and manufacturing, including steel pipe, carbon black, international tire and automobile manufacturers, and small and family-owned franchises and businesses. She represents clients in litigation and state and federal agency proceedings and provides training, day-to-day legal...

205-986-1017
Amanda Quan Employment Attorney
Associate

Amanda joined Ogletree Deakins’ Cleveland, Ohio office in September 2013.  Amanda represents employers in all types of employment litigation in both federal and state courts, in labor and employment arbitration proceedings, as well as before various administrative agencies, including the Equal Employment Opportunity Commission.  She has experience defending employers against employment discrimination claims, sexual harassment claims, retaliation claims, claims under the Family and Medical Leave Act, wage and hour claims, wrongful discharge claims, and breach of contract claims.  Amanda...

216-274-6905
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