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2022-2023 Title IX Proposed Regulations

The Notice of Proposed Rulemaking (NPRM) is a public notice from the U.S. Department of Education’s Office for Civil Rights regarding upcoming Title IX regulations and provides an opportunity for written public comment before the final rule is issued. The regulations will modify and/or replace the 2020 regulations, but for now (and likely for many months), the 2020 regulations remain in effect, including training obligations, live hearings, and cross-examination.

ATIXA’s team of experts and thought leaders will continue to provide timely guidance and resources to help Title IX practitioners with understanding the proposed regulations, submitting public comments, and preparing their institutions to implement the final rule once issued.

Proposed Regulations for Athletics

ATIXA’s has submitted our comments on the Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria for Male and Female Athletic Teams, 34 CFR Part 106 Proposed Regulations to the Department of Education.

Click here to view our comments.

Regulations Implementation Certification Courses

This course focuses on the revised regulatory requirements and the policy, procedural, and practice changes needed to ensure compliance. Title IX professionals will leave this course with an understanding of:

  • The elements of the various phases of the Title IX Grievance Process
  • Training and reporting requirements
  • Awareness and response requirements for pregnant and parenting students and employees
  • Protections for LGBTQIA+ individuals
  • Title IX scope and applicability

Please note there is a two-day Title IX Regulations Implementation Course available for those who want to continue to a second day of Nuances and Best Practices. Please click here to view the 2-day course information, agenda, and register.

 

This two day course will delve deeper into specific sections of the Final Rule, the nuances of each, anticipating challenges, and exploring how to implement key provisions. Expert presenters will place this discussion against the backdrop of ATIXA’s best practices approach for institutional sex-based discrimination and harassment grievance procedures, as well as more specific protections for non-discrimination on the basis of pregnancy or related conditions.

ATIXA experts will share their best thinking and detail the many policy decisions facing Title IX professionals, including how to structure and staff your processes, as well as how to incorporate specific requirements that might apply to your institution either because of state law requirements or governing court precedent in your jurisdiction.

Please note there is a one-day Title IX Regulations Implementation Course for only the Overview day, available for those who want only this portion of this training. Please click here to view the one-day course information, agenda, and to register.

This one-day certification course provides a comprehensive review of the procedural and substantive elements of the final Title IX regulations, with a focus on practical implementation strategies for Title IX administrators. Course content focuses on the revised regulatory requirements and the policy, procedural, and practice changes needed to ensure compliance.

Expert presenters will place this discussion against the backdrop of ATIXA’s best practices approach for school/district sex-based discrimination and harassment grievance procedures, as well as more specific protections for non-discrimination on the basis of pregnancy or related conditions. They will share their best thinking and detail the many policy decisions facing Title IX professionals, including how to structure and staff your processes, as well as how to incorporate specific requirements that might apply to your school/district either because of state law requirements or governing court precedent in your jurisdiction.

On-Demand Recordings

ATIXA experts W. Scott Lewis, J.D., Leah Reynolds, Ed.D., and Brett Sokolow, J.D.  discussed the Department of Education’s proposed change to its Title IX regulations on students’ eligibility for athletic teams. ATIXA will be commenting on these proposed regulations during the open comment period.

Watch Now!

ATIXA experts and TNG Partners Kim Pacelli, M.Ed., J.D., Saundra K. Schuster, J.D., Daniel C. Swinton, J.D., Ed.D., Brett A. Sokolow, J.D., and Joseph Vincent, M.L.S. covered what the NPRM is, the differences and similarities between the 2022 Proposed Regulations and the 2020 Regulations, the public comment process, and much more.

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Tanyka M. Barber, M.H.S., J.D., Kim Pacelli, M. Ed., J.D., & Daniel C. Swinton, J.D., Ed.D. focused specifically on what K-12 schools and districts need to know about the proposed 2022 Title IX Regulations. Learn about the differences and similarities between the current and proposed Regulations, what this means for the upcoming school year, and much more.

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Title IX experts Tanyka M. Barber, M.H.S., J.D., Consultant, TNG & Advisory Board Member ATIXA with ATIXA Vice President Daniel C. Swinton, J.D., Ed.D. offered their thoughts on the 2022 proposed regulations and what steps you can take now to prepare and submit comments on behalf of your institution, school district, or organization. This event provided Title IX practitioners with a step-by-step understanding of the rule-making process, helpful tips for drafting comments that will help OCR staff understand the lived experience of Title IX practitioners, and the impact of the proposed regulations as they prepare the final regulations. We also responded to frequently asked questions about what to do between now and when the final rule is published.

Not a member of ATIXA? Join now to watch this on-demand recording and take advantage of all other NPRM-related resources and more!

Watch Now!

Across campuses and school districts, Title IX protections for pregnant and parenting students include accommodations for those who obtain abortion services. With the recent reversal of Roe v. Wade, many Title IX processes and scenarios are now in question. This members-only event discussed how the law affects your students on campuses and schools and how Title IX professionals can navigate the disparity between these federal laws.

Experts Leah Reynolds, M.S., Ed.D., Consultant, TNG & Advisory Board, ATIXA and Saundra K. Schuster, J.D., Partner, TNG & Co-Founder and Advisory Board Member, ATIXA with special guest Jessica Lee, J.D., Senior Staff Attorney and Director of Pregnant Scholar Initiative, Center for WorkLife Law at UC Hastings College of Law presented on this important and nuanced topic.

Not a member of ATIXA? Join now to watch this on-demand recording and take advantage of all other NPRM-related resources and more!

Watch Now!

Presenters Tanyka M. Barber, M.H.S., J.D., Partner, TNG & Advisory Board Member, ATIXA, Dan Fotoples, J.D., M.A., Senior Content Developer, TNG, Kim Pacelli, M.Ed., J.D., Partner, TNG & Advisory Board Member, ATIXA, & Brett. A. Sokolow, J.D. Chair of the Board, TNG & President, ATIXA discuss ATIXA’s submitted comments to the Department of Education’s Office for Civil Rights regarding the 2022 Title IX proposed regulations.

This free members-only event discusses ATIXA’s comment on the proposed Title IX regulations, including the provisions we support, those we recommend modifying, and those we would like to see eliminated. Lending our 9,000-member-strong voice to the comments provides a strong influence along with the depth of knowledge of ATIXA’s experts to enact change on the federal level.

Watch Now!

ATIXA Resources

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On behalf of ATIXA’s 9700+ members, ATIXA provided comments to the Department of Education regarding the 2022 Title IX Proposed Regulations. Click here to view.

ATIXA has issued the attached Title IX Regulations Watch 2022 publication to help practitioners understand the full regulatory process and how to best position themselves and their institutions for compliance when the final regulations are issued.

Read Now!

Commenting on the NPRM is one of the most important things you and your institution, school, or district can do to engage in the Title IX process. Read a guide to learn how to comment on the proposed regulations to the Office for Civil Rights.

Read Now!

Going through over 700 pages of the 2022 Title IX Notice of Proposed Rulemaking (NPRM) is a big task. ATIXA is pleased to provide this Table of Contents Guide separated into sections for our members.

Not a member of ATIXA? Join now!

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What is the NPRM?

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The Department of Education Office for Civil Rights has released the Proposed Regulations, read the submitted Federal Register of the 2022 NPRM.

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Read the Department of Education’s Fact Sheet on the 2022 Title IX NPRM.

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Read the Summary of Major Provisions of the Department of Education’s 2022 Title IX Notice of Proposed Rulemaking (NPRM)

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Membership Benefits

Super

$5,250

  • For one-year per Higher Education Institution
  • Access to ATIXA services and products worth up to $20,000, without per-item fees
  • Three (Higher Education) complimentary registrations to ATIXA Certification Courses
  • Unlimited institutional users (sub-users) with full access
  • All 20 Minutes to…Trained video modules
  • The ATIXA Title IX Toolkit (TIXKit)
  • VIP Socials at ATIXA Annual Conference and other Hotel-Based Certification Events
  • Access to live webinars
  • ATIXA One Policy, Two Procedures Model Policy and Procedures for Civil Rights Equity Grievance Resolution
  • MaxStack: A Database for Title IX Case Documentation from ATIXA & Maxient*
  • Online Communities
  • Self Care Savings
  • And more!

K-12 Professional Development Package

$5,250

  • For one-year per K-12 School or District
  • Six complimentary registrations to ATIXA Certification Courses
  • Access to ATIXA services and products worth up to $20,000, without per-item fees
  • All 20 Minutes to…Trained video modules
  • Free Mandated Reporter training module
  • Unlimited online training modules, webinars, and on-demand recordings
  • The ATIXA K-12 Title IX Toolkit (TIXKit)
  • Access to live webinars
  • Online Communities
  • Self-Care Savings
  • And more!

Institutional

$2,625

  • For one-year per Higher Education Institution, K-12 School, or District
  • Unlimited institutional users (sub-users) with full access
  • Ten 20 Minutes to…Trained video modules
  • Access to the OCR Investigation Finding Letter Database
  • Mentor Match
  • Online Communities
  • Self-Care Savings
  • And more!

Individual

$629

  • For one-year per Individual
  • Access to professional listserv
  • The most comprehensive Title IX library in the world
  • Seven 20-Minutes-to...Trained Video Modules
  • Weekly newsletters
  • Mentor Match
  • Online Communities
  • Self-Care Savings
  • And more!