Rulemaking and Regulations by the Office for Civil Rights



Sex Discrimination (Title IX of the Education Amendments of 1972)

On April 6, 2023, the U.S. Department of Education released for public comment its proposed amendment to the Department’s regulation implementing Title IX of the Education Amendments of 1972. The proposed amendment aims to advance Title IX’s longstanding goal of ensuring equal opportunity based on sex in athletics and would provide much needed clarity for students, parents, coaches, and schools. The Department’s notice of proposed rulemaking will be open for public comment until May 15, 2023.

Disability Discrimination (Section 504 of the Rehabilitation Act)

On May 6, 2022, OCR announced that it intends to propose amendments to the Department’s regulations at 34 C.F.R. pt. 104, implementing Section 504 of the Rehabilitation Act of 1973. As part of this process, OCR is seeking written suggestions from the public about how best to improve the current regulations. It would be appreciated if longer and more detailed comments were submitted by the end of June 2022, but all comments submitted prior to the issuance of any notice of proposed rulemaking will be reviewed. Instructions and cautions are below.

INSTRUCTIONS:

CAUTIONS:

Regulations

34 C.F.R. Part 100 Implementing Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in all programs or activities that receive Federal financial assistance.
34 C.F.R. Part 104 Implementing Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in all programs or activities that receive Federal financial assistance.
34 C.F.R. Part 106 Implementing Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in all education programs or activities that receive Federal financial assistance.
34 C.F.R. Part 108 Implementing the Boy Scouts of America Equal Access Act of 2002, which prohibits certain entities that receive federal funds from the Department of Education from discriminating against certain designated youth groups that wish to meet at public schools.
34 C.F.R. Part 110 Implementing the Age Discrimination Act of 1975, which generally prohibits discrimination on the basis of age in all programs or activities that receive Federal financial assistance.
28 C.F.R. Part 35 Implementing Title II of the Americans with Disabilities Act of 1990, which prohibits discrimination on the basis of disability by public entities.

Last Modified: 04/13/2023