Samantha Lewis offered insights in Special Ed Connection into how the new Title IX regulations released by the U.S. Department of Education on April 19 could impact students with disabilities. The federal civil rights law prohibits discrimination on the basis of sex in education programs or activities that receive federal funding. 

"It was a bit of a surprise that the (Education Department) was all of a sudden releasing them," Samantha told the publication. "There had been rumblings that they were going to be coming out in the spring. But there was not a long runway at all."

The final regulations broadened the scope of Title IX, Samantha said, which may impact students with disabilities in a variety of ways.

"It's going to cover more students in general, which will include students with disabilities," Samantha said. "It also has relaxed standards for complainants to report incidents, which could impact students with disabilities. Respondents are now going to find themselves covered under the Title IX that previously wouldn't have been (covered)."

Samantha also spoke about how the final regulations do not specify in depth how the law will interact with the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act.

"A lot of people were really hoping for guidance on that," Samantha said. "The new regulations kind of tip the hat for IDEA and Section 504 and include some provisions that when a student involved in a Title IX grievance is covered under an IEP or Section 504 plan, a member of the IEP team or Section 504 team should be consulted. A lot of districts were probably already doing that. But it does formalize and require that."

You can read the full article by clicking here: School Attorneys Weigh in on Final Title IX Regs

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