Education Department Updates Regulatory Agenda
The Department of Education has updated its regulatory agenda to reflect its latest rulemaking plans on Title IX athletics, proposals from this year’s negotiated rulemaking, and more.
In perhaps the most noteworthy change, the Department has shifted its Title IX rule on transgender sports participation off the list of immediate priorities, a move that indefinitely postpones publication of a final rule on Title IX athletics. Meanwhile, with campus protests on the Israel-Hamas war still in the headlines, a proposed rule on shared ancestry or ethnicity discrimination under Title VI of the Civil Rights Act is back on the agenda and slated to appear in December.
The Department also provided an update on the bifurcated approach it is pursuing on issues that emerged from negotiated rulemaking earlier this year. Currently, the Department anticipates publishing proposed rules on distance education, return to Title IV (R2T4), and TRIO this month, while proposed rules on accreditation, state authorization, and cash management are not expected until the fall.
Other items on the regulatory agenda include:
2024
July
- A proposed rule on foreign gifts
September
- A proposed rule on providing student loan forgiveness to borrowers experiencing hardship
October
- A final rule on providing student loan forgiveness to several categories of borrowers
- A proposed rule on cybersecurity
- A proposed rule on the Family Educational Rights and Privacy Act
November
- A proposed rule on disability discrimination under section 504 of the Rehabilitation Act
2025
June
- A proposed rule on third-party servicers