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Draft Title IX Regulations Will Impact K-16 Students with Disabilities

Monday, January 14, 2019   (0 Comments)
Posted by: Jamie Anderson

COPAA is preparing to comment on the Notice of Proposed Rulemaking (NPRM) issued to amend regulations implementing Title IX of the Education Amendments of 1972 (Title IX). The NPRM will impact K-16 settings where schools are in receipt of federal funds. In 2017, the Department rescinded guidance provided by the Obama Administration in 2011 and 2014 respectively.[1] The civil rights community, including COPAA is preparing to oppose the regulations and provide comprehensive comments. Comments are due January 28, 2019.

COPAA is interested in hearing from you about the impact of Title IX regulations on students with disabilities. Two specific questions have been raised by the Department, in addition to the NPRM in its entirety:

·       Whether the NPRM adequately addresses other issues related to the needs of students and employees with disabilities when such individuals are parties in a sex discrimination complaint, or whether the Department should consider including additional language to address the needs of students and employees with disabilities as complainants and respondents?

·       The Department also requests consideration of the different experiences, challenges, and needs of students with disabilities in elementary and secondary schools and in postsecondary institutions related to sexual harassment.

To share insights, student examples (accused and accuser) and relevant cases, please email the COPAA policy team by Monday, January 21 at govrelations@copaa.org.

Read the NPRM on Title IX.

[1] See: Dear Colleague Letter: Sexual Violence (issued April 4, 2011, withdrawn September 22, 2017) (2011 Dear Colleague Letter); Questions and Answers on Title IX and Sexual Violence (issued April 29, 2014, withdrawn September 22, 2017) (2014 Q&A); Questions and Answers on Campus Sexual Misconduct (September 22, 2017) (2017 Q&A). 

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