Title IX of the Education Amendments of 1972

Title IX States

Sex Discrimination

The purpose of Title IX of the Education Amendments of 1972 is to eliminate discrimination on the basis of sex in any education program or activity receiving Federal financial assistance. The following link addresses frequently asked questions about sex discrimination and describes the schools and programs that are covered by Title IX, who is protected under Title IX, and provides a brief summary of the school and program responsibilities under Title IX.

Frequently Asked Questions about Sex Discrimination 

Implementing Regulations 

• 34 C.F.R. Part 106, with preamble, Aug 1, 2024 (Aug 1, 2024 to the present)
• 34 C.F.R. Part 106, without preamble, Aug 1, 2024 (Aug 1, 2024 to the present) 
• 34 C.F.R. Part 106, with preamble, 2020 (For alleged conduct that occurred between Aug 14, 2020 and July 31, 2024 and for schools that are currently operating under the 2020 Title IX Regulations)
• 34 C.F.R. Part 106, without preamble, 2020 (For alleged conduct that occurred between Aug 14, 2020 and July 31, 2024 and for schools that are currently operating under the 2020 Title IX Regulations) 

2024 Final Regulations 

On Aug 1, 2024, the Final 2024 Title IX Regulations went into effect for most Colorado schools and apply to complaints of sex-based discrimination regarding alleged conduct on or after that date.  The U.S. Department of Education’s Office for Civil Rights has released a collection of resources to support schools in the implementation of the 2024 Title IX Regulations. They include:

• FACT SHEET: U.S. Department of Education’s 2024 Title IX Final Rule Overview
• Brief Overview of Key Provisions of the Department of Education’s 2024 Title IX Final Rule, which summarizes key provisions that were amended in the 2024 Title IX Regulations.
• 2024 Title IX Regulations: Pointers for Implementation, which supports schools by listing key components of the 2024 Title IX Regulations to assist schools with implementation.
• Resource for Drafting Nondiscrimination Policies, Notices of Nondiscrimination, and Grievance Procedures, which is designed to help schools draft policies and procedures that comply with these new regulations. 
• A three-minute video explaining these resources, which can be viewed here: Drafting Policies, Notices, & Grievance Procedures under 2024 Title IX Regulations (youtube.com).
• Small Entity Compliance Guide. This video explains the 2024 Title IX Regulations for small entities, pursuant to Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.  Schools and districts should work with legal counsel to determine whether or not a school or district qualifies as a small entity and how the compliance guide affects the school or district.  The U.S. Department of Education is available to assist small entities with questions, via email to [email protected].

The above resources are published at Sex Discrimination: Overview of the Law, which also includes a link to the Final 2024 Title IX Regulations, as published in the electronic Code of Federal Regulations at 34 C.F.R. Part 106, Federal Register, as well as the official and unofficial version and preamble.

The Department’s rulemaking process for a Title IX regulation related to athletics is on hold. 

2024 Overview Webinars 

Multiple overview webinars were provided on the 2024 Regulations.  For more information, or to request access to the recordings, please contact Rebekah Ottenbreit at [email protected] and specify “2024 Title IX Regulations Overview webinars.”

2020 Overview Webinars

For Schools or Alleged Misconduct Under the 2020 Regulations

An Overview of the 2020 Title IX Regulations: What they are and Steps to Take:  This two-part informational webinar series was delivered virtually Oct 2020, by the Colorado Department of Education (CDE), in collaboration with the Colorado Association of School Boards (CASB). For more information, or to request a copy of the recordings, please contact Rebekah Ottenbreit at [email protected] and specify “2020 Title IX Regulations Overview webinars.”

Obligation to Designate a Title IX Coordinator

Title IX requires that all recipients of Federal financial assistance, including elementary and secondary schools, designate at least one responsible employee to coordinate the efforts to comply with Title lX of the Education Amendments of 1972.

A list of district Title lX Coordinators can be found at ED.gov Civil Rights Coordinators Data Website.

Notice of Nondiscrimination

Title IX requires districts and schools to adopt, publish, and implement a policy stating that:

• The school/district does not discriminate on the basis of sex and prohibits sex discrimination in any education program or activity that it operates, as required by Title IX, including in admission and employment.
• A statement that inquiries about the application of Title IX may be referred to the school or district Title IX Coordinator, the Office for Civil Rights, or both.
• The name or title, office address, email address, and telephone number of the school or district Title IX Coordinator.
• How to locate the nondiscrimination policy and grievance procedures.
• How to report information about conduct that may constitute sex discrimination under Title IX and how to make a complaint of sex discrimination.

Schools and districts must provide the notice of nondiscrimination to students; parents, guardians, or other authorized legal representatives of elementary school and secondary school students; employees; applicants for admission and employment; and all unions and professional organizations holding collective bargaining or professional agreements.  All elements of the notice must be included on the website and in each handbook, catalog, announcement, bulletin, and application form made available to persons entitled to the notice or which are otherwise used in connection with the recruitment of students or employees.

Annual Training 

All employees must be trained on the obligation to address sex discrimination in its education program or activity; the scope of conduct that constitutes sex discrimination under Title IX including the definition of sex-based harassment and all applicable notification and information requirements.  Additionally, Title IX personnel have additional training requirements.

How to File a Complaint

Title IX complaints should be filed with the individual school or district. However, a complaint may also be filed with the U.S. Office for Civil Rights.

• U.S. Office for Civil Rights Webinar on How to File a Complaint with the Office for Civil Rights
• U.S. Department of Education Office for Civil Rights Case Processing Manual, July 2022

The Office for Civil Rights also offers mediation services.  Just select “mediation” on the Office for Civil Rights Complaint Form

Anti-Retaliation Provision

It is unlawful to retaliate against individuals, including Title IX Coordinators, for:

• Filing a Title IX complaint
• Participating in a Title IX investigation, hearing or proceeding
• Advocating for others’ Title IX rights