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ED/OCR RIN: 1870-AA19 Publication ID: Fall 2023 
Title: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria For Male and Female Athletic Teams 

The Department issued a proposed rule amending 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.

Agency: Department of Education(ED)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
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 to fully implement the statute.  

Summary of the Legal Basis:

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


We have limited information about the alternatives at this time.

Anticipated Costs and Benefits:

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


We have limited information about the risks at this time.

Action Date FR Cite
NPRM  04/13/2023  88 FR 22860   
NPRM Comment Period End  05/15/2023 
Final Rule  03/00/2024 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: State 
Federalism: Yes 
Included in the Regulatory Plan: Yes 
Public Comment URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Alejandro Reyes
Department of Education
Office for Civil Rights
400 Maryland Avenue SW, Room 5A-137,
Washington, DC 20202
Phone:202 245-7705