Last month, the president signed Executive Order 14021, directing the Department of Education (DOE) to review the Trump administration’s controversial Title IX regulations and provide findings within 100 days. As we noted in our legal update about the Executive Order, it appeared likely that the DOE would revert to its positions in the 2011 “Dear Colleague Letter” that was rescinded by the Trump administration in 2017, but it remained to be seen what vehicle the DOE would use to do so given the arduous rulemaking process. We now know from an April 6 letter issued by DOE’s Acting Assistant Secretary for Civil Rights, Suzanne B. Goldberg, that the Office of Civil Rights (OCR) intends to immediately begin the process of reworking and replacing Title IX regulations, and will provide interim guidance on how the current regulations should be interpreted.
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