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On April 6, 2021, the U.S. Department of Education’s (the “Department”) Office for Civil Rights (“OCR”) provided a roadmap for carrying out President Biden’s recent
Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity.
[1] In a letter to students, educators, and other stakeholders,
[2] OCR explained that it will engage in a comprehensive review of the Department’s existing regulations, orders, guidance, policies, and other similar agency actions including, most notably, the Department’s Title IX regulations that took effect on August 14, 2020, titled “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance” (the “2020 Amendments”). Vitally important for all education programs and activities that receive federal funding, the letter provides answers to some of the speculation surrounding how the Department under the Biden Administration will handle Title IX enforcement. Notably, OCR states that the 2020 Amendments will remain in effect at this time, signaling that the Amendments will not be repealed in anticipation of the possibility of replacement. Instead, OCR’s process contemplates a more permanent solution through a notice of proposed rulemaking following a public hearing.