Federal Register Notices and Regulations



image title: Answers to common questions + our FOIA reading roomThe Office for Civil Rights (OCR) works to ensure equal access to education and to promote educational excellence throughout the Nation through vigorous enforcement of civil rights laws. In accordance with this mission, OCR enforces laws and regulations, and proposes rules and notices. The Federal Register publishes Department rules, proposed rules, and public notices.

 


 

 

Notices - Title VI

Regulations - Title VI

 

Notices – Title IX

  • Notice of proposed rulemaking on eligibility for male and female athletic teams under Title IX. The proposed regulation would permit a school to use criteria that would limit or deny a student’s eligibility to participate on a male or female team consistent with their gender identity if those criteria are substantially related to the achievement of an important educational objective. The proposed regulation would require a school to take into account differences in grade and education level, level of competition, and sports. The proposed regulation would also require a school to minimize harms to students whose participation on teams consistent with their gender identity would be limited or denied. This notice was published by the Department of Education, Office for Civil Rights, at 88 Fed. Reg. 22860 (April 13, 2023). The Department’s notice of proposed rulemaking will be open for public comment until May 15, 2023.

  • Notice of proposed rulemaking to clarify and modify regulatory requirements that specify how recipient schools and institutions covered by Title IX must ensure that their education programs and activities are free from all forms of sex discrimination, including discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. The proposed amendments also specify how schools and institutions covered by Title IX would be required to address sexual harassment and sexual violence, and provide clear procedures for students, educators, and others involved to address sex discrimination in schools and on campuses. This notice was published by the Department of Education, Office for Civil Rights at 87 Fed. Reg. 41390 (July 12, 2022). The comment period for this notice of proposed rulemaking has closed.

  • Notice of Interpretation - Enforcement of Title IX with Respect to Discrimination Based on Sexual Orientation and Gender Identity in Light of Bostock v. Clayton County. Clarifies that Title IX’s prohibition on discrimination based on sex encompasses discrimination based on sexual orientation and gender identity. This notice was published by the Department of Education, Office for Civil Rights at 86 Fed. Reg. 32637 (June 22, 2021). Pursuant to a Federal court order, the Department has been preliminarily “enjoined and restrained from implementing" this document against the states of Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, Tennessee, South Carolina, South Dakota, and West Virginia. See State of Tenn., et al. v. U.S. Dep’t of Educ., No. 3:21-cv-308 (E.D. Tenn.) (July 15, 2022).

  • Notice announcing virtual public hearing to gather information for the purpose of improving enforcement of Title IX. This notice was published by the Department of Education, Office for Civil Rights at 86 Fed. Reg. 27429 (May 20, 2021). The public hearing was held from June 7 to June 11, 2021. The hearing provided the Department with the opportunity to hear the views of over 280 students, educators, and other members of the public on Title IX that spanned a variety of issues, including discrimination based on sexual orientation or gender identity, and sexual harassment and sexual violence in K-12 and postsecondary education contexts. The full transcript of the hearing, the transcript for each day of the hearing, as well as the written comments are available on OCR’s webpage dedicated to the June 2021 Title IX Public Hearing.

  • Notice of proposed rulemaking to clarify and modify regulatory requirements that specify how recipient schools and institutions covered by Title IX must respond to incidents of sexual harassment. This notice was published by the Department of Education, Office for Civil Rights at 83 Fed. Reg. 61462 (Nov. 29, 2018).

  • Notice of proposed rulemaking to clarify and modify the Title IX regulatory requirements pertaining to the provision of single-sex schools and classes in elementary and secondary schools. This notice was published by the Department of Education, Office for Civil Rights at 69 Fed. Reg. 11276 (March 9, 2004).

  • Policy Interpretation - Title IX and Intercollegiate Athletics. Clarifies the obligations of recipients to provide equal opportunity in athletic programs, especially with respect to athletic financial assistance, equivalence in other athletic benefits and opportunities, and effective accommodation of students' interests and abilities. This policy interpretation was published by the Department of Health, Education and Welfare at 44 Fed. Reg. 71413 (Dec. 11, 1979).

Regulations - Title IX

  • Amendments to the Department’s regulations implementing Title IX specifying how recipient schools and institutions covered by Title IX must respond to allegations of sexual harassment. These amendments to the regulations were published by the Department of Education, Office for Civil Rights and codified at 34 CFR Part 106, as amended, 85 Fed. Reg. 30026 (May 19, 2020).

  • Amendments to the Department’s regulations implementing Title IX to permit additional options for single-sex classes, extracurricular activities, and schools at the elementary and secondary education levels. These amendments to the regulations were published by the Department of Education, Office for Civil Rights at 71 Fed. Reg. 62530 and amended 34 C.F.R. Part 106. (Oct. 25, 2006) PDF (167K)

  • Conforming Amendments to the Regulations Governing Nondiscrimination on the Basis of Race, Color, National Origin, Disability, Sex, and Age Under the Civil Rights Restoration Act of 1987 (CRRA) to add a definition of “program or activity” or “program” that adopts the statutory definition of “program or activity” or “program” enacted as part of the CRRA. These amendments to the regulations were published by the Department of Education, Office for Civil Rights at 65 Fed. Reg. 68050 (Nov. 13, 2000) and amended CFR Parts 100, 104, 106, and 110.

  • Privacy Act Regulations. These final regulations under the Privacy Act permit the Department of Education's Office for Civil Rights to exempt the "Complaint Files and Log" system of records from certain provisions under the Act. These regulations were published at 48 Fed. Reg. 38817 (Aug. 26, 1983).

  • Guidelines for Vocational Education Programs. These guidelines explain the civil rights responsibilities of recipients of Federal funds offering or administering vocational education programs. These Guidelines were published by the Department of Health, Education and Welfare, Office for Civil Rights, at 44 Fed. Reg. 17162 (Mar. 21, 1979), and are codified at 34 CFR Part 100, Appendix B; 34 C.F.R. Part 104, Appendix B; and 34 C.F.R. Part 106, Appendix A.

Federal Register Notices and OCR Policy - Section 504/ADA

Regulations - Section 504/ADA

  • Privacy Act Regulations. These final regulations under the Privacy Act permit the Department of Education's Office for Civil Rights (OCR) to exempt the "Complaint Files and Log" system of records from certain provisions under the Act. These regulations were published at 48 Fed. Reg. 38817 (Aug. 26, 1983).

Regulations - Age Discrimination Act

  • Privacy Act Regulations. These final regulations under the Privacy Act permit the Department of Education's Office for Civil Rights (OCR) to exempt the "Complaint Files and Log" system of records from certain provisions under the Act. These regulations were published at 48 Fed. Reg. 38817 (Aug. 26, 1983).

Federal Register Notices and OCR Policy - Section 504/ADA


Last Modified: 04/13/2023