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Dept. of Education Publishes Final Rule on Religious Liberty

In a press statement, the US Department of Education announced the publication of the final rule Improving Free Inquiry, Transparency, and Accountability at Colleges and Universities. The rule will be effective 60 days after publication in the Federal Register.

The final rule intends to “ensure that public institutions of higher education uphold fundamental rights guaranteed by the First Amendment to the U.S. Constitution and that private institutions of higher education adhere to their own policies regarding freedom of speech, including academic freedom”.

Among other things, the press statement outlines major aspects of the rule, including :

  • Requires that public institutions must comply with the 1st Amendment as a requirement to receive Department grants.
  • Clarifies how private institutions may demonstrate they are controlled by a religious organization for the purposes of Title IX.
  • Ensures equal treatment of religious student organizations at public colleges and universities.
  • Revises regulations governing some discretionary grant programs under Titles III and V of the Higher Education Act of 1964, as amended. The rule more narrowly tailors the prohibition on the use of these grants to religious instruction, religious worship, or proselytization.

The full press statement and link to fact sheet is available here.