The Department of Education announced this decision on September 22, 2017. They have yet to put a permanent replacement for the rescinded guidelines in place. But, in the meantime, the DOE has created an interim guideline.

One of the most notable changes of the interim guidance is that educational facilities will place a greater focus on proof and evidence in cases of sexual violence. Past guidance provided a preponderance of evidence model. This new one outlines a “clear and convincing standard” of proof for these cases.

Currently, college campuses have the ability to determine where and when they will implement these interim guidelines.

The Department of Education created a question and answer informational document about what the interim regulations mean.

Title IX became effective in 1972. The landmark education amendment states that, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

On September 1, 2017, The Department of Education wrote that, “Under Title IX of the Education Amendments of 1972 and its implementing regulations, an institution that receives federal funds must ensure that no student suffers a deprivation of her or his access to educational opportunities on the basis of sex. The Department of Education intends to engage in rulemaking on the topic of schools’ Title IX responsibilities concerning complaints of sexual misconduct, including peer-on-peer sexual harassment and sexual violence.”

Our attorneys are experts in Title IX and education law. If you believe you or someone you know has had their Title IX rights violated, contact our experienced attorneys.

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On October 20, 2017, the Office of Special Education and Rehabilitative Services (OSERS) issued a statement regarding the 72 policy documents they chose to rescind as part of regulatory reforms.

OSERS deemed these policy documents, also known as guidance letters, as being “outdated, unnecessary or ineffective”.

The statement said that 63 of the guidance documents rescinded are from the Office of Special Education Programs (OSEP) and nine from the Rehabilitation Services Administration (RSA).

Before being rescinded, these guidance letters served as outlines for special education standards and how schools should apply the law.

The letters ranged from guidance on child advocacy, how to use special education funds and rights for disabled students. One guidance letter, “OSEP Dear Colleague Letter: Preschool Least Restrictive Environment (LRE)” was rescinded because it was superseded by a 2016 Dear Colleague Letter. Among reasons for other letters being rescinded are that they were considered “no longer needed”, outdated or unnecessary. Access all 72 policy documents rescinded here.

The attorneys at the Kennedy Hunt, P.C. are experts in education law, especially in representing students with disabilities. If you believe you or someone you know has had their educational rights violated, contact our experienced attorneys.

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