NAICU - Archives Title IX Regulations Update 2022

Shortly after taking office, President Biden directed the Department of Education to conduct a comprehensive review of the agency’s Title IX regulations, guidance, and related policies. In June 2022, on the 50^th anniversary of Title IX, the Department released a Notice of Proposed Rulemaking (NPRM) that would rewrite the regulations established by the Trump Administration in 2020.

In general, the NPRM would significantly expand the scope of Title IX while streamlining some of the most burdensome procedural requirements. Specifically, the NPRM would expand coverage to all forms of sex discrimination, including sexual orientation and gender identity discrimination, as well as protect against a broader range of conduct. Procedurally, the NPRM would provide some additional flexibility for institutions, eliminate barriers that may prevent victims of sex discrimination from filing complaints, and maintain most protections for accused students.

The NPRM was published in the Federal Register on July 12, 2022, starting a 60-day public comment period that will close on September 12. After the public comment period, the Department will review the comments and draft final regulations, a process that is expected to take at least a year. Until then, the 2020 regulations will remain in place.

Below is a collection of resources to help you and your campus navigate the changing Title IX regulations. Included are resources developed by NAICU, the Education Department, and a collection of news articles and commentary. At the bottom of the page is a link to our summary of the Trump Administrations revisions.

NAICU Tools

Executive Summary of Title IX Notice of Propose Rulemaking (July 2022)
Technical Summary of Title IX Notice of Proposed Rulemaking (July 2022)

WEBINAR: Title IX: Third Time’s the Charm?

July 13, 2022

Powerpoint Presentation

Title IX Three Time's a Charm.mp4 from NAICU on Vimeo.

Education Department Resources

Notice of Proposed Rulemaking Title IX of the Education Amendments of 1972 Notice of Language Assistance, Federal Register (July 2022)
FACT SHEET: U.S. Department of Education’s 2022 Proposed Amendments to its Title IX Regulations (July 2022)
Summary of Major Provisions of the Department of Education’s Title IX Notice of Proposed Rulemaking (July 2022)

News Coverage

Final Title IX Rules Delayed Once More as Education Department Misses Deadline, Higher Ed Dive (November 2, 2023)
Title IX Activists Reflect on Last Decade, Inside Higher Ed (November 2, 2023)
Students Press Biden Administration to Finalize New Title IX Rules, Inside Higher Ed (September 12,, 2023)
Final Title IX Rules Likely to Be Pushed Beyond October, Higher Ed Dive (August 31, 2023)
We’re Making the Same Title IX Mistakes ... Again - Commentary, The Chronicle of Higher Education (August 31, 2023)
Round-up: Biden Administration Rule Prohibits Blanket Bans on Transgender Athletes, Multiple News Sources, (April 7, 2023)
Title IX Mandatory Reporting Expansion Under Fire, Inside Higher Ed (September 27, 2022)
What’s Next for Title IX, Politico, (September 26, 2022)
Justice Department Appeals Federal Ruling Against Title IX Guidance, Higher Ed Dive, (September 16, 2022)
The Title IX Comments Are In. Here Are 3 Things to Know., The Chronicle of Higher Education (September 16, 2022)
New Title IX Rules Get 235,000 Comments, Inside Higher Ed (September 14, 2022)
Federal Judge Blocks Title IX Guidance on Transgender Students, Inside Higher Ed (July 19, 2022)
Judge Temporarily Blocks Biden Administration’s LGBTQ Protections at Work, Schools, The Washington Post (July 17, 2022)
More Flexible Title IX Regs Pose New Dilemmas - Commentary, Inside Higher Ed (July 12, 2022)
What Biden’s Title IX Rules Mean for Due Process, Inside Higher Ed (June 30, 2022)
Title IX Proposal Would Add Protections for Pregnant Students, Inside Higher Ed (June 29, 2022)
Growing Participation, Widening Funding Gap, Inside Higher Ed (June 28, 2022)
Round-up: Biden Administration Proposes Major Overhaul of Title IX Regulations, NAICU Headlines (June 23, 2022)
Round-up: Title IX Turns Fifty, NAICU Headlines (June 23, 2022)
Is Title IX Creating a College Quasi Court? Inside Higher Ed (June 22, 2022)
Growth of Women's Sports: A Timeline of Title IX, Pittsburgh Post-Gazette, (June 6, 2022)
How Grove City College Played a Prominent Role in the History of Title IX, Pittsburgh Post-Gazette, (June 6, 2022)
USA TODAY Answers Your Questions About Title IX and Its Role in College Sports, USA Today (May 26, 2022)
Education Department Delays Release of Draft Title IX Rule Again, Now Targets June, HigherEdDive.com (May 24, 2022)
A Look at 11 Years of Title IX Policy, HigherEdDive.com (May 17, 2022)
Title IX Watch, Politico.com (May 2, 2022)
Education Department Plans to Issue Title IX Proposal in May, Not April as Expected,
Higher Ed Dive.com (April 28, 2022)
Righting an Old Wrong, Inside Higher Ed, (April 7, 2022)
Groups Urge Education Department to Stop Title IX Rulemaking, Politico.com (April 4, 2022)
New Title IX Rules Would Assert Rights of Transgender Students, The Washington Post (March 31, 2022)