September 19, 2022 By Breeauna Sagdal

Comments were due by Monday September 12, 2022 to address proposed rule changes published in July by the Department of Education. According to the Federal Register, those rule changes were adopted and incorporated Friday September 16, 2022.

The rule change clarifies the term "sex" under Tittle IX, and applies to any educational facility that accepts federal funding. The new clarification reads, "schools and institutions that receive Federal financial assistance eliminate discrimination on the basis of sex in their education programs or activities. The Department therefore proposes that the current regulations should be amended to provide greater clarity regarding the scope of sex discrimination, including recipients' obligations not to discriminate based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity."

The rule change also increased the scope of applicability to include educational activities, like sports.

"Further, the Department proposes that the current regulations could better account for the variety of education programs or activities covered by Title IX, which include recipients' education programs or activities serving students in elementary schools, secondary schools, and post-secondary institutions."

A D V E R T I S E M E N T

A D V E R T I S E M E N T

The Department of Education requested these new proposals, after what they call an "extensive review of its regulations implementing Title IX, as well as the live and written comments received during a nationwide virtual public hearing on Title IX held in June 2021."

In addition, the Office for Civil Rights held numerous listening sessions with a wide array of stakeholders on various issues related to Title IX, and considered input from stakeholders during meetings held in 2022 under Executive Order 12866.

As noted near the end of the 1,000 page document, the newly adopted definitions have also replaced the term "primary schools" with "LEA" (Local Educational Agencies), in order to include private pre-schools, elementary schools and beyond. Federal funding has also been expanded to mean COVID-19 relief funds, previously received, in addition to federal funding currently being received.

The newly adopted definitions will likely impact state policies, and potentially nullify state laws like last year's "girls in sports bill," signed by Governor Kristi Noem. The Dakota Leader has reached out to the Governor's office for comment, but has yet to hear back at this time.



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--Breeauna Sagdal- Health and Policy Journalist for The Dakota Leader

Post Date: 2022-09-19 08:59:42

Last Update: 2022-09-19 10:25:30