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New Title IX Sexual Harassment Regulations

Overhaul Responsibilities for Schools



May 27, 2020
The Department of Education (ED) published new regulations implementing Title IX of the Education
Amendments of 1972 (Title IX) on May 19, 2020. Title IX prohibits discrimination on the basis of sex in
education programs or activities that receive federal financial assistance. While Title IX does not
specifically mention sexual harassment, courts and ED have determined that the response of a recipient
educational institution to incidents of sexual harassment can constitute discrimination based on sex. The
new Title IX regulations establish requirements that schools must follow in responding to sexual
harassment allegations, marking a major change from the expectations announced in previous guidance
documents, as well as departing in many ways from the provisions in the Notice of Proposed Rulemaking
(NPRM) that invited public comment on the rules.
The new regulations take effect on August 14, 2020, and apply to schools that receive federal financial
assistance, including postsecondary institutions and elementary and secondary schools. For many K--12
schools, the entity ultimately responsible for ensuring compliance is the recipient of financial
assistance-often the local educational agency to which the school belongs.
This Sidebar examines some of the major changes established by the Title IX regulations, highlighting
many of the most significant new requirements and noting where those obligations depart from prior ED
guidance and the NPRM. Given the rather complex background surrounding Title IX, including
nonbinding ED guidance documents, case law, and the NPRM, this Sidebar builds on previous CRS
reports and Sidebars that discuss those materials.












                                                               Congressional Research Service
                                                               https://crsreports.congress.gov
                                                                                   LSB10479


CRS Lega Sidebar
Prepamd for Membej-q and
Cornmittees o. Congress .....


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