Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria for Male and Female Athletic Teams; Withdrawal, 104936-104937 [2024-30921]
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104936
Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
of the review, the Department
conducted outreach and held meetings
with: (1) higher education and
institutional stakeholders, including
organizations representing public
institutions; (2) faith-based
organizations, including organizations
representing religious IHEs; and (3)
organizations that advocate for civil
rights and civil liberties. On February
22, 2023, the Department published a
notice of proposed rulemaking (NPRM)
in the Federal Register proposing to
rescind portions of the rule that became
effective on November 23, 2020. See 88
FR 10857. Specifically, the Department
proposed to rescind 34 CFR 75.500(d)
and 76.500(d), which prescribe a role for
the Department in enforcing grant
conditions related to religious student
organizations at certain public
institutions of higher education (IHEs).
These regulations apply to public IHEs
that receive a direct grant from the
Department or a subgrant from a Stateadministered formula grant program of
the Department.
The Department accepted public
comments on the NPRM from February
22, 2023, through March 24, 2023. In
response to that NPRM the Department
received approximately 58,000 public
comments.
Withdrawal of the Notice of Proposed
Rulemaking and Termination of the
Rulemaking Proceeding
The Department issued the NPRM to
amend 34 CFR parts 75 and 76 and
provided its reasons for proposing to
rescind the 2020 final regulations in that
document. However, upon further
consideration, the Department is
withdrawing the NPRM and terminating
the rulemaking proceeding.
During the public comment period,
the Department received approximately
58,000 comments. Several hundred of
the comments calling for withdrawal
were from individuals and organizations
who argued that rescinding the current
rule is not necessary because it is not
complex or burdensome. Additionally,
many comments in support of the
current regulations pointed to ongoing
issues faced by religious student groups
as evidence of the need to keep these
regulations. Numerous commenters in
favor of rescinding these provisions
asserted that the current regulations are
not necessary to protect these
constitutional freedoms and expressed
concern that the regulations could be
read to require institutions to afford
preferential treatment to religious
student groups.
Blog (Aug. 19, 2021), https://blog.ed.gov/2021/08/
update-on-the-free-inquiry-rule/.
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16:56 Dec 23, 2024
Jkt 265001
We appreciate the feedback that the
Department received in response to the
NPRM. In light of the concerns raised by
commenters both in support of and in
opposition to the proposed rescissions,
the forthcoming change in
administration, and the significant
resources needed to review and
consider all relevant matters presented
in the public comments, the Department
for each of these independent reasons
does not believe that finalizing the
proposed rescissions is an efficient use
of Department resources at this time.
Therefore, the Secretary exercises his
discretion to withdraw the NPRM and
terminate this rulemaking. We do not
intend for a final rule to be issued on
this NPRM. Any future rulemaking the
Department may undertake on this topic
would similarly be subject to the notice
and comment requirements of the
Administrative Procedure Act, 5 U.S.C.
551, et seq.3
Importantly, this withdrawal does not
change or alter the Department’s role
with respect to the other material grant
conditions added by the 2020 final
regulations at §§ 75.500(b) and (c) and
76.500(b) and (c). The Department will
determine if an IHE has violated the
grant conditions in those provisions
only if a State or Federal court issues a
final, non-default judgment against a
public IHE for violating the First
Amendment or against a private IHE for
violating stated institutional policies.
Absent such a judgment, the
Department presumes public IHEs to be
in compliance with the First
Amendment where the alleged
violations concern matters other than
denial of equal treatment to religious
student organizations because of the
organization’s beliefs, practices,
policies, speech, membership standards,
or leadership standards, which are
informed by sincerely held religious
beliefs. Under the 2020 final regulations
at §§ 75.500(b) and (c) and 76.500(b) and
(c), the Department’s role is not to
investigate alleged violations of these
grant conditions and is limited to
deciding whether and to what extent to
impose additional penalties where a
State or Federal court has rendered a
relevant final, non-default judgment.
Accessible Format: On request to the
program contact person listed under FOR
FURTHER INFORMATION CONTACT,
3 The Department notes that the 2020 final
regulations do not impose conditions on
participation in the programs authorized under title
IV of the Higher Education Act of 1965, as amended
(HEA). See 85 FR 59942. Any future rulemaking
that would seek to impose conditions on
participation in title IV programs would be subject
to the negotiated rulemaking requirement in section
492 of the HEA, 20 U.S.C. 1098a.
PO 00000
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Fmt 4702
Sfmt 4702
individuals with disabilities can obtain
this document and a copy of the
application package in an accessible
format. The Department will provide the
requestor with an accessible format that
may include Rich Text Format (RTF) or
text format (txt), a thumb drive, an MP3
file, braille, large print, audiotape,
compact disc, or other accessible format.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. At this site you can
view this document, as well as all other
Department documents published in the
Federal Register, in text or Portable
Document Format (PDF). To use PDF
you must have Adobe Acrobat Reader,
which is available free at the site.
You may also access Department
documents published in the Federal
Register by using the article search
feature at www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Miguel Cardona,
Secretary of Education.
[FR Doc. 2024–30923 Filed 12–20–24; 2:00 pm]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
34 CFR Part 106
[Docket ID ED–2022–OCR–0143]
RIN 1870–AA19
Nondiscrimination on the Basis of Sex
in Education Programs or Activities
Receiving Federal Financial
Assistance: Sex-Related Eligibility
Criteria for Male and Female Athletic
Teams; Withdrawal
Office for Civil Rights,
Department of Education.
ACTION: Notice of proposed rulemaking;
withdrawal.
AGENCY:
The U.S. Department of
Education (Department) is withdrawing
the notice of proposed rulemaking
entitled ‘‘Nondiscrimination on the
Basis of Sex in Education Programs or
Activities Receiving Federal Financial
Assistance: Sex-Related Eligibility
Criteria for Male and Female Athletic
Teams’’ published in the Federal
Register on April 13, 2023. The
proposed rule would have amended the
regulations implementing Title IX of the
Education Amendments of 1972 (Title
IX).
SUMMARY:
E:\FR\FM\26DEP1.SGM
26DEP1
Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Proposed Rules
The notice of proposed
rulemaking published in the Federal
Register on April 13, 2023, 88 FR 22860,
is withdrawn as of December 20, 2024.
FOR FURTHER INFORMATION CONTACT:
Bianca Costello, U.S. Department of
Education, 400 Maryland Avenue SW,
Fifth Floor, Washington, DC 20202.
Telephone: (202) 219–2126. Email:
bianca.costello@ed.gov.
If you are deaf, hard of hearing, or
have a speech disability and wish to
access telecommunications relay
services, please dial 7–1–1.
SUPPLEMENTARY INFORMATION:
DATES:
ddrumheller on DSK120RN23PROD with PROPOSALS1
Background
On April 13, 2023, the Department
published a notice of proposed
rulemaking titled ‘‘Nondiscrimination
on the Basis of Sex in Education
Programs or Activities Receiving
Federal Financial Assistance: SexRelated Eligibility Criteria for Male and
Female Athletic Teams’’ (Athletics
NPRM) in the Federal Register that
proposed amending 34 CFR 106.41 of
the Department’s regulations
implementing Title IX. 88 FR 22860.
The intent of the Athletics NPRM was
to ‘‘propose a regulatory standard under
Title IX that would govern a recipient’s
adoption or application of sex-related
criteria that would limit or deny a
student’s eligibility to participate on a
male or female athletic team consistent
with their gender identity.’’ Id. The
Department’s proposed rule provided
that, if a recipient adopts or applies sexrelated criteria that would limit or deny
a student’s eligibility to participate on a
male or female team consistent with
their gender identity, such criteria must,
for each sport, level of competition, and
grade or educational level: (i) be
substantially related to the achievement
of an important educational objective,
and (ii) minimize harms to students
whose opportunity to participate on a
male or female team consistent with
their gender identity would be limited
or denied. 88 FR 22891.
The Department invited the public to
comment on all aspects of the Athletics
NPRM, as well as the Regulatory Impact
Analysis. In response, the Department
received more than 150,000 public
comments on the Athletics NPRM
during the 30-day comment period.
Withdrawal of the Notice of Proposed
Rulemaking and Termination of the
Rulemaking Proceeding
The Department reviewed and
considered all comments submitted
during the comment period and
appreciates the time and effort spent by
commenters in sharing their views with
VerDate Sep<11>2014
16:56 Dec 23, 2024
Jkt 265001
the Department. Commenters offered a
broad spectrum of opinions on the
Athletics NPRM. Some commenters
expressed general support for the
proposed regulation, and some asked
the Department to modify the proposed
regulation to provide for more students
to participate on a sex-separate athletic
team consistent with their gender
identity, particularly at the elementary
and secondary school levels. Other
commenters opposed the proposed
regulation in its entirety and asked the
Department to withdraw the Athletics
NPRM. Numerous commenters
expressed concerns about the
application of the proposed regulation
in practice, arguing that the proposed
regulation was unclear or too complex
for recipients to implement, and many
commenters offered alternative
regulatory text for the Department’s
consideration to clarify, simplify,
elaborate on, or substantively change
the focus and impact of the proposed
rule. Additionally, a significant number
of commenters included discussions of
case law, scientific studies and research
papers, and existing athletic association
policies and practices regarding athletic
eligibility criteria that, according to the
commenters, supported the adoption,
modification, or withdrawal of the
proposed regulation.
The Department recognizes that there
are multiple pending lawsuits related to
the application of Title IX in the context
of gender identity, including lawsuits
related to Title IX’s application to
athletic eligibility criteria in a variety of
factual contexts. In light of the
comments received and those various
pending court cases, the Department has
determined not to regulate on this issue
at this time. Therefore, the Department
hereby withdraws the Athletics NPRM
and terminates this rulemaking
proceeding. We do not intend for a final
rule to be issued on this NPRM. If, in
the future, we decide it is appropriate to
issue regulations on this topic, we will
do so via a new notice of proposed
rulemaking, subject to the requirements
of the Administrative Procedure Act, 5
U.S.C. 551, et seq.
To the extent the Department receives
complaints of discrimination about a
recipient’s obligation to provide equal
opportunity to participate in athletics
regardless of sex, it will continue to
apply the longstanding legal standards
reflected in the athletics regulations at
34 CFR 106.41 and in U.S. Dep’t of
Health, Educ., and Welfare, Office for
Civil Rights, A Policy Interpretation:
Title IX and Intercollegiate Athletics, 44
FR 71413 (Dec. 11, 1979), https://
www.govinfo.gov/content/pkg/FR-197912-11/pdf/FR-1979-12-11.pdf.
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
104937
The Athletics NPRM issued on April
13, 2023, is hereby withdrawn, and the
rulemaking proceeding for that NPRM is
terminated as of the date of publication
of this notice in the Federal Register.
Accessible Format: On request to the
program contact person listed under FOR
FURTHER INFORMATION CONTACT,
individuals with disabilities can obtain
this document in an accessible format.
The Department will provide the
requestor with an accessible format that
may include Rich Text Format (RTF) or
text format (txt), a thumb drive, an MP3,
braille, large print, audiotape, compact
disc, or other accessible format.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. At this site you can
view this document, as well as all other
Department documents published in the
Federal Register, in text or Portable
Document Format (PDF). To use PDF,
you must have Adobe Acrobat Reader,
which is available free at the site.
You may also access Department
documents published in the Federal
Register by using the article search
feature at www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Miguel Cardona,
Secretary of Education.
[FR Doc. 2024–30921 Filed 12–20–24; 2:00 pm]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
34 CFR Parts 600, 602, and 668
[Docket ID ED–2022–OPE–0050]
RIN 1840–AD82, 1840–AD83, 1840–AD86
Program Integrity and Institutional
Quality: State Authorization, Cash
Management, Accreditation and
Related Issues
Office of Postsecondary
Education, Department of Education.
ACTION: Termination of negotiated
rulemaking process for State
Authorization, Cash Management,
Accreditation and Related Issues.
AGENCY:
The U.S. Department of
Education (Department) announces the
termination of the negotiated
rulemaking process for three Program
Integrity and Institutional Quality issues
that were undertaken as part of a larger
negotiated rulemaking process for
SUMMARY:
E:\FR\FM\26DEP1.SGM
26DEP1
]]>Agencies
[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Proposed Rules]
[Pages 104936-104937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30921]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Part 106
[Docket ID ED-2022-OCR-0143]
RIN 1870-AA19
Nondiscrimination on the Basis of Sex in Education Programs or
Activities Receiving Federal Financial Assistance: Sex-Related
Eligibility Criteria for Male and Female Athletic Teams; Withdrawal
AGENCY: Office for Civil Rights, Department of Education.
ACTION: Notice of proposed rulemaking; withdrawal.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Education (Department) is withdrawing
the notice of proposed rulemaking entitled ``Nondiscrimination on the
Basis of Sex in Education Programs or Activities Receiving Federal
Financial Assistance: Sex-Related Eligibility Criteria for Male and
Female Athletic Teams'' published in the Federal Register on April 13,
2023. The proposed rule would have amended the regulations implementing
Title IX of the Education Amendments of 1972 (Title IX).
[[Page 104937]]
DATES: The notice of proposed rulemaking published in the Federal
Register on April 13, 2023, 88 FR 22860, is withdrawn as of December
20, 2024.
FOR FURTHER INFORMATION CONTACT: Bianca Costello, U.S. Department of
Education, 400 Maryland Avenue SW, Fifth Floor, Washington, DC 20202.
Telephone: (202) 219-2126. Email: [email protected].
If you are deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.
SUPPLEMENTARY INFORMATION:
Background
On April 13, 2023, the Department published a notice of proposed
rulemaking titled ``Nondiscrimination on the Basis of Sex in Education
Programs or Activities Receiving Federal Financial Assistance: Sex-
Related Eligibility Criteria for Male and Female Athletic Teams''
(Athletics NPRM) in the Federal Register that proposed amending 34 CFR
106.41 of the Department's regulations implementing Title IX. 88 FR
22860. The intent of the Athletics NPRM was to ``propose a regulatory
standard under Title IX that would govern a recipient's adoption or
application of sex-related criteria that would limit or deny a
student's eligibility to participate on a male or female athletic team
consistent with their gender identity.'' Id. The Department's proposed
rule provided that, if a recipient adopts or applies sex-related
criteria that would limit or deny a student's eligibility to
participate on a male or female team consistent with their gender
identity, such criteria must, for each sport, level of competition, and
grade or educational level: (i) be substantially related to the
achievement of an important educational objective, and (ii) minimize
harms to students whose opportunity to participate on a male or female
team consistent with their gender identity would be limited or denied.
88 FR 22891.
The Department invited the public to comment on all aspects of the
Athletics NPRM, as well as the Regulatory Impact Analysis. In response,
the Department received more than 150,000 public comments on the
Athletics NPRM during the 30-day comment period.
Withdrawal of the Notice of Proposed Rulemaking and Termination of the
Rulemaking Proceeding
The Department reviewed and considered all comments submitted
during the comment period and appreciates the time and effort spent by
commenters in sharing their views with the Department. Commenters
offered a broad spectrum of opinions on the Athletics NPRM. Some
commenters expressed general support for the proposed regulation, and
some asked the Department to modify the proposed regulation to provide
for more students to participate on a sex-separate athletic team
consistent with their gender identity, particularly at the elementary
and secondary school levels. Other commenters opposed the proposed
regulation in its entirety and asked the Department to withdraw the
Athletics NPRM. Numerous commenters expressed concerns about the
application of the proposed regulation in practice, arguing that the
proposed regulation was unclear or too complex for recipients to
implement, and many commenters offered alternative regulatory text for
the Department's consideration to clarify, simplify, elaborate on, or
substantively change the focus and impact of the proposed rule.
Additionally, a significant number of commenters included discussions
of case law, scientific studies and research papers, and existing
athletic association policies and practices regarding athletic
eligibility criteria that, according to the commenters, supported the
adoption, modification, or withdrawal of the proposed regulation.
The Department recognizes that there are multiple pending lawsuits
related to the application of Title IX in the context of gender
identity, including lawsuits related to Title IX's application to
athletic eligibility criteria in a variety of factual contexts. In
light of the comments received and those various pending court cases,
the Department has determined not to regulate on this issue at this
time. Therefore, the Department hereby withdraws the Athletics NPRM and
terminates this rulemaking proceeding. We do not intend for a final
rule to be issued on this NPRM. If, in the future, we decide it is
appropriate to issue regulations on this topic, we will do so via a new
notice of proposed rulemaking, subject to the requirements of the
Administrative Procedure Act, 5 U.S.C. 551, et seq.
To the extent the Department receives complaints of discrimination
about a recipient's obligation to provide equal opportunity to
participate in athletics regardless of sex, it will continue to apply
the longstanding legal standards reflected in the athletics regulations
at 34 CFR 106.41 and in U.S. Dep't of Health, Educ., and Welfare,
Office for Civil Rights, A Policy Interpretation: Title IX and
Intercollegiate Athletics, 44 FR 71413 (Dec. 11, 1979), https://www.govinfo.gov/content/pkg/FR-1979-12-11/pdf/FR-1979-12-11.pdf.
The Athletics NPRM issued on April 13, 2023, is hereby withdrawn,
and the rulemaking proceeding for that NPRM is terminated as of the
date of publication of this notice in the Federal Register.
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document in an accessible format. The Department will
provide the requestor with an accessible format that may include Rich
Text Format (RTF) or text format (txt), a thumb drive, an MP3, braille,
large print, audiotape, compact disc, or other accessible format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at www.govinfo.gov. At this site you can view this
document, as well as all other Department documents published in the
Federal Register, in text or Portable Document Format (PDF). To use
PDF, you must have Adobe Acrobat Reader, which is available free at the
site.
You may also access Department documents published in the Federal
Register by using the article search feature at
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Miguel Cardona,
Secretary of Education.
[FR Doc. 2024-30921 Filed 12-20-24; 2:00 pm]
BILLING CODE 4000-01-P
