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ED/OCR RIN: 1870-AA14 Publication ID: Fall 2019 
Title: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance 
Abstract:

On November 29, 2018, the Secretary issued a notice of proposed rulemaking to clarify and modify the obligations of recipients of Federal financial assistance in redressing sex discrimination, including complaints of sexual misconduct, and the procedures by which they must do so.

 
Agency: Department of Education(ED)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 34 CFR 106   
Legal Authority: 20 U.S.C. 1681 et seq.   
Legal Deadline:  None

Statement of Need:

Based on its extensive review of the critical issues addressed in this rulemaking, the Department has determined that current regulations and subregulatory guidance do not provide a sufficiently clear definition of what conduct constitutes sexual harassment or sufficiently clear standards for how recipients must respond to incidents of sexual harassment. To address this concern, we are regulating to address sexual harassment under Title IX for the central purpose of ensuring that Federal financial recipients understand their legal obligations under Title IX.

Summary of the Legal Basis:

We issued a notice of proposed rulemaking, and we will subsequently issue final regulations, to implement Title IX. 

 

Alternatives:

This was discussed in the notice of proposed rulemaking (NPRM) and will be discussed in the final regulations.

Anticipated Costs and Benefits:

This was discussed in the notice of proposed rulemaking (NPRM) and will be discussed in the final regulations.

Risks:

This was discussed in the notice of proposed rulemaking (NPRM) and will be discussed final regulations.

Timetable:
Action Date FR Cite
NPRM  11/29/2018  83 FR 61462   
NPRM Comment Period End  02/15/2019 
Final Action  11/00/2019 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: https://www.govinfo.gov/content/pkg/FR-2018-11-29/pdf/2018-25314.pdf  
RIN Data Printed in the FR: No 
Agency Contact:
Farnaz Thompson
Department of Education
Office of the General Counsel
400 Maryland Ave SW, Room 6E 308,
Washington, DC 20202
Phone:202 453-7063