The Department of Education submitted the “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance” final rule to the Office of Information and Regulatory Affairs (“OIRA”) for review on February 2, 2024, according to a government website.
The final rule is expected to undo many of the changes made in the 2020 final rule. The new final rule has been delayed multiple times since the publication of the draft rule in July 2022. The final rule was originally expected to be published in May 2023, but the Department of Education pushed that date back to October 2023 after receiving an exceptionally large number of comments during the public comment period. It was subsequently delayed again, with a new anticipated publication date of March 2024.
Although the final rule has been submitted to OIRA, it still may not meet the expected March 2024 publication date. According to Executive Order 12866, OIRA has 90 days to complete its review, but that timeframe may be extended. Interested parties can request to meet with OIRA during its review. Given the high number of public comments received during the comment period for the draft rule, there may also be significant interest in meeting with OIRA regarding the final rule. It is therefore likely that the OIRA will not complete its review in time for the final rule to be published by March 2024.