Title IX 2024 Amendment
Discover More
Clicking the request information button constitutes your express written consent, without obligation to purchase, to be contacted (including through automated means, e.g. dialing & text messages) via telephone, mobile device (including SMS & MMS), and/or email, even if your telephone number is on a corporate, state or the National Do Not Call Registry, and you agree to our terms of use and privacy policy.
On April 29, 2024, and after a two-year proposal period, the Department released its 2024 Amendment to Title IX (“Final Rule”) which provides that: “Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.” This amendment is consistent with the Department’s prior interpretation and codifies the Bostock decision. In addition to the variety of feedback the Department received preceding the 2020 amendment to Title IX, the Department received and reviewed more than 240,000 comments regarding the Final Rule. This amendment expands and clarifies the definition of sex discrimination to include sex stereotypes, sex characteristics, pregnancy, sexual orientation, and gender identity. The recipients of Federal assistance were defined to include elementary schools, secondary schools, and postsecondary institutions. The plan is for the proposed regulation to take effect on August 1, 2024.
Additionally, a few notable revisions of the Final Rule pertain to off-campus conduct and reporting requirements for grievance procedures: for example, who is qualified to report, during what time frame, the removal of mandatory live hearings. Moreover, the Final Rule does not address transgender or non binary students’ participation in athletic programs. Finally, the Final rule requires reasonable modifications for individuals based on pregnancy and expands protections for caregivers.
The Final Rule preempts state laws that contradict its new definitions, thus ensuring a uniform standard across all states. Each school district must adopt, publish, and implement a nondiscrimination policy that has appropriate notice and grievance procedures.