The U.S. Department of Education is once again pushing back the release of its highly awaited regulatory proposal on Title IX. The planned release is now set for sometime in June.
The draft rule will dictate how K-12 schools and colleges must investigate and potentially punish sexual misconduct. It’s also expected to include protections for transgender students, according to a report from K-12 Dive. The head of the Department of Education’s Office for Civil Rights last year said they expected to issue the proposed regulation in April. The department then delayed the draft until May.
A spokesperson said the department “is taking the time necessary to ensure that schools are providing students with educational environments free from discrimination.”
Postponing the intended timeline for the draft rule runs against the wishes of advocates for sexual assault prevention, some of whom called for the Education Department to publish it by the beginning of October 2021.
In other circles, the prospect of a new regulation is highly unpopular. A coalition of more than two dozen organizations, led by conservative advocacy group Defense of Freedom Institute for Policy Studies, has urged the department to abandon efforts to rewrite the current rule, which took effect August 2020 under former Education Secretary Betsy DeVos.
The DeVos-era rule required schools to overhaul their reporting and investigation processes in some cases. New requirements included investigating sexual assault when any school employee is put on notice and appointing two different staff for the investigation and decision. Some education organizations were critical of the changes, which came at a time when schools were already spread thin due to COVID-19.
Others praised changes ridding the live hearing requirement for K-12.
When the department does publish its draft rule in the Federal Register, it will trigger a public comment period that is typically 60 days. Once the department reviews this feedback, it will finalize a regulation.
Depending on when the regulation is finalized and which party controls Congress after the midterm elections, a new Republican majority could undo it using the Congressional Review Act that gives lawmakers the ability to reject major executive actions within 60 days of rules being submitted.