The comment period closed on September 12, 2022 for the Title IX proposed regulations. You can find up-to-date information about the number of comments and view many comments on regulations.gov. As of September 13, that page showed 235,816 total comments received and more than 57,000 viewable online.
What happens now? We wait. The 2018 proposed rule had more than 124,000 comments, and it took the Department of Education eighteen months to issue the 2020 final rule, which had a three month implementation timeline. The Department will now take the time to prepare the final version of the regulations, which will include a preamble addressing comments received.
If the 2020 final rule is any indication, the forthcoming final rule will have a very lengthy, dense preamble in response to these 235,000 plus comments received. For reference, the preamble to the 2018 proposed rule was only 33 pages in the Federal Register, and the one in the 2020 final rules was 547 pages.
At this point we do not know when the final version of these rules will come out, or what the implementation date will be. Follow us on Twitter, LinkedIn, and Facebook, and check out our dedicated website featuring a Spotlight on the Proposed Title IX Rules.