Title IX Athletics Rule Delayed Again; Title VI, 504, and Medicaid SBS Rules Also Delayed (July 13, 2024)

As reported by K-12 Dive, a July 5th regulatory update from the Office of Management and Budget (OMB) shows the Title IX athletics rule proposal has been moved to a ā€œlong-term actionā€ without a rough deadline, meaning the agency doesnā€™t expect a regulatory action within at least the next year. Originally, OMBā€™s Spring 2024 Unified Agenda had also included updates for high-profile forthcoming regulations on race discrimination and Section 504 and the athletics regulation was listed as being in the ā€œfinal rule stage,ā€ or one step away from release. The US Department of Education (USDE) has now set a December 2024 deadline for releasing a proposed Title VI rule on protecting students from discrimination based on shared ancestry or ethnic characteristics, in addition to other forms of racial discrimination. The USDE has also set November as the new deadline for a proposed rule for Section 504 covering students with disabilities in schools and colleges.

Another disability-related regulation ā€” also now expected by November ā€” is aimed at easing the process of obtaining parental consent for Medicaid school-based health services. School administrative groups advocating for the proposed change aver that it would make the parental consent process more efficient and cost-effective for schools while still protecting participating studentsā€™ benefits.

However, in light of the recent U.S. Supreme Court ruling overturning the longstanding Chevron doctrine complicates the path of all of the proposed agency rules changes.

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