Melissa Carleton Quoted on Ongoing Delays in Title IX Article by Higher Ed Dive

Students being lectured by a professor in an auditorium

In an article discussing the ongoing delays in finalizing two crucial Title IX regulations by the U.S. Department of Education, Melissa Carleton, partner at Bricker Graydon, offered insights. The Biden administration, prioritizing reforms around Title IX, initially aimed to issue the final rules in March of this year. However, the Education Department has faced delays and hasn't yet sent the regulations for evaluation by the Office of Management and Budget.

Carleton anticipates that even if submitted promptly, the Office of Information and Regulatory Affairs (OIRA) would take the full 120 days to review the regulations. Given the complex nature of the rules and the need to address a significant number of public comments, she suggests a likely release in June 2024 at the earliest. This timeline mirrors the delays experienced during the DeVos-era rule.

Despite the frustration among stakeholders, Carleton emphasizes the importance of taking the necessary time to craft regulations that are "understandable and able to be thoughtfully implemented." The Education Department remains committed to issuing the final rules in March, but the prolonged process raises concerns among advocates, especially regarding the impact on survivors and LGBTQIA+ students affected by Title IX policies. Read more from Melissa and the Higher Ed Dive here.

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