New Title IX Regulations Finalized- Effective Aug 1

The U.S. Department of Education released revisions to Title IX on April 19, 2024. The amended Title IX regulations, which will be effective on August 1, 2024, make several important changes to the processes K-12 schools use to address reports of sex-based discrimination, including harassment and retaliation, and to protections for LGBTQ+ students, employees, and parents.

The rules now cover not just sexual harassment but also all types of sex-based harassment and discrimination. With respect to “hostile environment sexual harassment,” the rules broaden the definition to include conduct that is severe but not pervasive or pervasive but not severe. The rules also now cover more off-campus conduct, although with some important limitations.  You can read an AASA summary of the regulations for superintendents drafted by two of the best K-12 attorneys in the country here.

The good news is that most school districts were already addressing complaints of other types of sex-based misconduct through local policy, and the new regulations provide some limits on responsibilities with respect to off-campus behavior. Significantly, the rules also remove many of the burdensome procedural requirements from the Title IX grievance process that districts have been required to use since 2020. As a result, districts may be able to return to a single, uniform grievance process to address all forms of discrimination and harassment, including conduct based on race, color, national origin, religion, and disability, rather than having a separate, more onerous process for “Title IX Sexual Harassment.”

The rules also codify protections against LGBTQ+ students, employees, and parents, including with respect to the use of intimate facilities such as bathrooms and locker rooms. The rules do not make any changes to rules regarding athletics participation by transgender students, which may be addressed later in a pending rule.

We encourage you to check out our Title IX resource page and sign up for a webinar on the regulations happening on May 6 here. We have also prepared a template letter to communicate these changes to your district.