NEW TITLE IX, SECTION 504 AND FERPA REGULATIONS FORTHCOMING

The U.S. Department of Education’s (“DOE”) Agency Rule List indicates that new Title IX regulations will be issued in May 2023.  These revised regulations will address discrimination on the basis of gender identity or sexual orientation, as well as the inclusion of IEP teams of students with disabilities in Title IX investigations. The following is a link the Title IX regulations as proposed in June 2022:  https://www2.ed.gov/about/offices/list/ocr/docs/t9nprm.pdf Leon | Alcala, PLLC will continue to offer training on Title IX regulations as those regulations develop.

In April, DOE will issue proposed FERPA regulations.  According to DOE, these proposed regulations will update and clarify the existing regulations, including by clarifying the definition of “education records” and provisions regarding disclosures complying with a judicial order or subpoena.  Leon | Alcala will notify our clients when there are opportunities for review of and comment on the proposed FERPA regulations.

In May, DOE also will publish Section 504 proposed regulations. DOE advises that these proposed regulations will address persistent barriers to access for students with disabilities in education, update outdated language, and align current regulations with intervening disabilities-related laws, including the Americans with Disabilities Act (“ADA”) and ADA Amendments Act.  Leon | Alcala will provide notice of Section 504 proposed regulations when they are published and opportunities for considered review.

We will continue to keep clients advised as to developments concerning these regulations.  We are always available for training and counsel on all matters relating to Title IX, Section 504, and FERPA, and a variety of other education law topics.

If you have a question or issue relating to Title IX, please feel free to contact us through our dedicated email for Title IX issues:  titleIX@LeonAlcala.com.

Author:  John Janssen

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