Back in March 2023, while many were still predicting (and hoping) for final Title IX regulations in May 2023, Grand River Solutions wrote about the regulatory process in this article. Despite the rumors swirling about imminent regulations “dropping,” our article explained how May regulations were unlikely or impossible given the administrative law requirements associated with issuing new regulations. The article also discussed the timeline of administrative review from OIRA ahead of the 2020 Final Rule release.
Near the end of May 2023, the Department of Education announced they anticipated publishing the rules in October 2023, and we wrote about that here.
At this point, it’s September 19 and still the Department has not sent the regulations for OIRA review, and no OIRA meetings with stakeholders have been held at this stage of rulemaking. Recall that during the last go ‘round, OIRA held over 100 meetings with stakeholders between November 2019 and March 2020 before publishing the Final Rule in May 2020. As we wrote in March, we expect history will be a guide here. Andrea Stagg will keep up her morning routine of checking for regulatory progress, so stay tuned.