Comments due Jan. 28
On November 16, 2018, the U.S. Department of Education issued its long-awaited notice of proposed rulemaking (NPRM) regarding additional regulations implementing Title IX of the Education Amendments of 1972.
The NPRM procedure is required by the federal Administrative Procedure Act, except in limited cases of emergency rulemaking. It provides the public with an opportunity to review, consider, and comment on draft regulations before they are finalized.
The public focus of these proposed Title IX regulations has been on sexual harassment and assault occurring in the postsecondary educational context. However, the proposed regulations also are applicable to K-12 educational environments supported by federal funding.
The NPRM was officially published in the Federal Register Nov. 29, marking the start of a 60-day period for public comment by any interested party. Comments are due Jan. 28, 2019. ACE will be drafting comments after completing a full assessment of the changes.
ACE has assembled this non-exhaustive selection of materials as a resource for institutions and individuals wishing to assess the proposed regulations and consider commenting.
Resources From the Department of Education
Background: Federal Statutes, Executive Branch Regulations and Guidance, and Court Opinions
Federal Guidance and Dear Colleague Letters
- Attorney General letter reversing Obama administration Dear Colleague letter on transgender discrimination (Oct. 4, 2017)
- Dear Colleague letter withdrawing Obama administration guidance (Sept. 22, 2017) (PDF)
- Department of Education Q&A on campus sexual misconduct [interim guidance] (Sept. 2017) (PDF)
- Dear Colleague letter on transgender students [WITHDRAWN] (May 13, 2016) (PDF)
- Department of Education’s Title IX Resource Guide (April 2015) (PDF)
- Dear Colleague letter on Title IX coordinators (April 24, 2015) (PDF)
- Department of Justice Title IX manual (updated August 2015)
- Department of Education Q&A on campus sexual violence [WITHDRAWN] (April 29, 2014) (PDF)
- Dear Colleague letter on sexual violence [WITHDRAWN] (April 4, 2011) (PDF)
- Dear Colleague letter on harassment and bullying (Oct. 26, 2010) (PDF)
- Dear Colleague letter on the “three part test” (April 20, 2010) (PDF)
- Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties (Jan. 2001) (PDF)
- Davis v. Monroe County Board of Education, 526 U.S. 629 (1999)
- Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992) (PDF)
- Doe v. Baum, et al. [University of Michigan], Case No. 17-2213 (6th Cir. Sept. 7, 2018) (PDF)
- Doe v. Brown et al. [Brown University], Case No. 17-1941 (1st Cir. July 18, 2018) (PDF)
- Doe v. Columbia University, Case No. 15-1536 (2d Cir., July 29, 2016)