Comment Period Open for Proposed Amendments to Title IX Regulations

Please note: This overview is directly from the Minnesota Office of Higher Education about changes to Title IX of the Education Amendments Act of 1972. MREA does not interpret the changes or make inferences of the effects of the proposed changes.

The U.S. Department of Education released proposed changes to Title IX of the Education Amendments of 1972 (Title IX) regulations that help schools and colleges implement this civil rights legislation. The proposed amendments aim to ensure full protection under Title IX for students, teachers, and employees from all forms of sex discrimination, including sex-based harassment and sexual violence, in federally funded elementary schools, secondary schools, and postsecondary institutions.

These proposed regulations will advance Title IX’s goal of ensuring that no person experiences sex discrimination in education, that all students receive appropriate support as needed to access equal educational opportunities, and that school procedures for investigating and resolving complaints of sex discrimination, including sex-based harassment and sexual violence, are fair to all involved. Click here to read more about the proposed changes.

Major Changes to Title IX

  • Broadens the scope of sex discrimination to include pregnancy and parenting discrimination, characteristics of sex, gender identity, sexual orientation, and sex-based harassment (used to be known as sexual harassment).
  • Aligns Title IX with other Civil Rights laws such as Title VII, VI, Section 504 of the Rehabilitation Act of 1973.
  • Requires institutions to “promptly and effectively” respond to sex discrimination. It includes details of how employees must respond when told about sex-based harassment or sex discrimination; and training requirements for all students and employees.
  • Includes a response by institutions to sex-based harassment and discrimination that occurs off campus or outside of the United States if a hostile environment is created within the education program or activity.
  • Gives institution choices on how to respond to sex discrimination, including grievance procedures and informal resolution.
  • Explains what needs to be included in the informal resolution and grievance procedures.
  • Clarifies protections and processes for students with disabilities and pregnant and parenting students.
  • Protects students who identify as transgender or nonbinary to access same-sex facilities that of their gender identity.
  • Strengthens protections with regard to retaliation.
  • Treats complainant and respondent equitably throughout the process.

Title IX NPRM Does Not Address

  • Religious Exemption
  • Gender Identity and Participation in Intercollegiate Athletics

See the comparison chart of the Title IX proposed changes versus Current Rule.

Public Comment Period Open

The public is invited to share thoughts on the proposed changes to Title IX through September 12, 2022.

Submit your comments.