The information presented in the article is no longer current or relevant due to recent legal developments. Please see DWK’s January 10, 2025 Title IX news update [Link Here] for more information.
The Title IX revision, released on April 19, 2024 are set to go into effect on August 1, 2024. You can find a description of the changes here. Below is a reminder of the next steps to bring your local educational agency (“LEA”) into compliance.
Trainings
Under the new regulations, all employees must receive training on Title IX. The level of training required for each employee will depend on their role. Both of the below trainings are required promptly upon hire, any time there is a change in position that alters the employee’s Title IX duties and annually thereafter.
Required Training for Title IX Administrators
The Title IX Administrative team (including Title IX Coordinators, Investigators, Decisionmakers and anyone responsible for implementing the Title IX grievance procedure or who has the authority to modify or terminate supportive measures).
DWK will be holding a virtual training for Title IX Administrators on August 12, 2024. We also offer in person trainings for your LEA.
Contact our Client Services team with questions.
>> Register Here
Required Training for All Employees
All employees must receive training on the LEA’s obligation to address sex discrimination in its education program or activity, the scope of conduct that constitutes sex discrimination under Title IX, including the definition of sex-based harassment, and notification and information requirements.
DWK developed a 30-minute training video to support LEAs in meeting this requirement.
>> Register Here
Update Board Policies/Administrative Regulations and Notices
Within the requirements in the updated regulations, LEAs now have more latitude to design a grievance procedure that best serves the interest and needs of their students, employees, and community members. Board policies and administrative regulations should be revised accordingly. LEAs should also update the website, notices, and handbooks to include the current statement of nondiscrimination.
What Title IX Legal Challenges Mean for California LEA’s
Since the release on April 19, the revised regulations have been subject to at least eight lawsuits and subsequent injunctions. This has complicated the path to the new regulations set to take effect August 1, 2024. The regulations are now temporarily blocked in 21 states (Alaska, Arkansas, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Missouri, Mississippi, Montana, Nebraska, Ohio, Tennessee, Texas, Utah, Virginia, West Virginia, North Dakota, South Dakota and Wyoming) as well as any school or college attended by members of three organizations—Young America’s Foundation, Female Athletes United and Moms for Liberty. The organizations have filed a notice with the court identifying the schools where their members attend. There is still one case pending that could impact 5 other states (Alabama, Florida, Georgia, Oklahoma, South Carolina).
The orders do not prevent a school or college from adopting new policies. But, the Education Department now cannot enforce the new Title IX rule or impose consequences for LEAs in the enjoined jurisdictions if they fail to comply.
Notably, California is not among the states subject to injunctions. Therefore, California LEAs should be prepared to come into compliance with the new Title IX regulations in accordance with the August 1, 2024 deadline.
