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ED/OCR RIN: 1870-AA16 Publication ID: Fall 2021 
Title: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance 
Abstract:

The Department plans to propose to amend its regulations implementing Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq., consistent with the priorities of the Biden-Harris Administration. These priorities include those set forth in Executive Order 13988 on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation and Executive Order 14021 on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation and Gender Identity. We anticipate this rulemaking may include, but would not be limited to, amendments to 34 CFR 106.8 (Designation of coordinator, dissemination of policy, and adoption of grievance procedures), 106.30 (Definitions), 106.44 (Recipient’s response to sexual harassment), and 106.45 (Grievance process for formal complaints of sexual harassment).

 
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 
CFR Citation: 34 CFR 106   
Legal Authority: 20 U.S.C. 1681 et seq.   
Legal Deadline:  None

Statement of Need:

This rulemaking is necessary to align the Title IX regulations with the priorities of the Biden-Harris Administration, including those set forth in the Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (EO 13988) and the Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation and Gender Identity (EO 14021).  

Summary of the Legal Basis:

We are conducting this rulemaking under 20 U.S.C. 1681 et seq.

Alternatives:

We have limited information about the alternatives at this time. 

Anticipated Costs and Benefits:

We have limited information about the anticipated costs and benefits at this time. 

Risks:

We have limited information about the risks at this time. 

Timetable:
Action Date FR Cite
NPRM  04/00/2022 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Anne Hoogstraten
Department of Education
Office for Civil Rights
400 Maryland Avenue SW, Room PCP-6148,
Washington, DC 20202
Phone:202 245-7466
Email: anne.hoogstraten@ed.gov