Educational institutions are anxiously awaiting the U.S. Department of Education’s issuance of the amended final Title IX regulations.  The deadline for releasing the new regulations has been pushed back several times already.  It appears that the regulations related to athletics will be delayed until after the election.  In what seems like of a bit of a deja vu, however, it appears likely that the rest of the new regulations will be issued just in time to be implemented at the start of the 2024-2025 school year.  So, what should schools do now to prepare for compliance with the new regulations?

First, make sure you know who the team is going to be who will be preparing for compliance.  It is likely that some or all of this work will need to be done over the summer.

Second, it is expected that new training will need to take place.  At a minimum, any individual who is involved in the Title IX process likely will need to be re-trained.  You should determine how and when you will be providing that training to your staff.  Setting aside time now for training in the fall will ensure that your staff will be properly trained at the start of the school year.

Third, there is likely to be a quick turnaround on analyzing the new regulations and the commentary to them so that they can be put into practice.  This will mean revising policies and procedures.  It is likely from what was in the proposed regulations that the process for investigating complaints, especially at the K-12 level, will provide educational institutions with significantly more flexibility in how to conduct investigations.  As such, educational institutions’ policies may need to be more customized to meet their specific needs. 

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