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ED/OCR RIN: 1870-AA14 Publication ID: Fall 2018 
Title: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance 
Abstract:

The Secretary plans to issue a notice of proposed rulemaking to clarify the obligations of recipients of Federal financial assistance in redressing sex discrimination, including complaints of sexual misconduct, and the procedures by which they must do so.

 
Agency: Department of Education(ED)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
EO 13771 Designation: Other 
CFR Citation: 34 CFR 106   
Legal Authority: 20 U.S.C. 1681 et seq.   
Legal Deadline:  None

Statement of Need:

Based on its extensive review of the critical issues addressed in this rulemaking, the Department has determined that current regulations and subregulatory guidance do not provide a sufficiently clear definition of what conduct constitutes sexual harassment or sufficiently clear standards for how recipients must respond to incidents of sexual harassment. To address this concern, we propose this regulatory action to address sexual harassment under Title IX for the central purpose of ensuring that Federal financial recipients understand their legal obligations under title IX.

Summary of the Legal Basis:

We are issuing a notice of proposed rulemaking, and subsequently final regulations, to implement Title IX. 

 

Alternatives:

This will be discussed in the notice of proposed rulemaking (NPRM) and final regulations.

Anticipated Costs and Benefits:

This will be discussed in the notice of proposed rulemaking (NPRM) and final regulations.

Risks:

This will be discussed in the notice of proposed rulemaking (NPRM) and final regulations.

Timetable:
Action Date FR Cite
NPRM  11/00/2018 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Brittany Bull
Department of Education
Office for Civil Rights
400 Maryland Avenue SW, Room 6E310,
Washington, DC 20202
Phone:202 453-5548
Email: titleixnprm@ed.gov