Department of Education Announces Delay in Release of New Title IX Regulations

May 26, 2023

By: Philip J. Zaccheo

The United States Department of Education announced today a delay in the anticipated date for release of its Final Rule setting forth revised Title IX regulations. The Department had previously advised that the Final Rule would be released during the month of May, but now anticipates publication in October.

This delay is likely to be welcome news for many institutions whose personnel envisioned a short implementation timeline over the summer (as occurred when the 2020 Title IX regulations went into effect). It is important to note, however, that the Department has not yet signaled the length of time institutions will have to comply with the new regulations. Ideally compliance would not be required until conclusion of the forthcoming academic year (e.g., by July 1, 2024), but the Department is certain to face adverse reactions from some constituencies to the delay in publication of the Final Rule, and it remains possible that a mid-academic year implementation will be necessary.

If you have any questions about these issues, or any of the information contained in this memo, please contact Philip Zaccheo or the Bond attorney with whom you are regularly in contact.