A Resource Guide for School Boards
For more than 50 years, Title IX has prohibited discrimination on the basis of sex in education and ensured equal opportunities for women and girls in schools. The U.S. Department of Education’s Title IX regulations published on April 29, 2024, have upended the law’s longstanding requirements and forced school boards to grapple with numerous challenges.
As school boards navigate the complexities of Title IX, understanding the U.S. Department of Education’s recent regulatory changes to Title IX is crucial.
That is why the Defense of Freedom Institute for Policy Studies, the Wisconsin Institute for Law & Liberty, and the Southeastern Legal Foundation have teamed up to produce a resource guide that explains the Department’s new Title IX regulations and what they mean for K-12 schools. It offers insights into the legal framework, historical context, and practical considerations that school boards must address when making policy.
WHAT YOU’LL LEARN
Background
- Understanding Federal Regulations
- What Is Title IX?
- What Is the Historical Context and Impact of Title IX?
- How Is Title IX Implemented?
PART ONE: Redefinition of Sex and New Harassment Standard
- Redefinition of “Sex” to Include “Gender Identity”
- Diminished Sexual Harassment Standard
- Parental Rights Under Title IX
- The Federal Educational Rights and Privacy Act (FERPA)
PART TWO: Due Process Considerations
- Grievance Procedures for the Resolution of Complaints of Sex-based Discrimination
- Administrative Requirements
- Obligation to Respond to Reported Sex-based Discrimination
The Status of the New Title IX Rule in the States
- Rule Blocked By School-Based Preliminary Injunctions
- Rule Blocked By Statewide Preliminary Injunctions
Blocked by statewide preliminary injunctions
Alabama
Alaska
Arkansas
Florida
Georgia
Idaho
Indiana
Iowa
Kansas
Kentucky
Louisiana
Mississippi
Missouri
Montana
Nebraska
North Dakota
Ohio
Oklahoma
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
West Virginia
Wyoming
*Blocked by school-based preliminary injunctions
Arizona
California
Colorado
Connecticut
Delaware
Hawaii
Illinois
Maine
Maryland
Massachusetts
Michigan
Minnesota
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
Oregon
Pennsylvania
Rhode Island
Vermont
Washington
Wisconsin
*The states on this list are not protected by statewide preliminary injunctions. In these states, the Department of Education is blocked from enforcing its new Title IX Rule in individual schools, colleges, and universities where members of Female Athletes United and Young America’s Foundation, and children of Moms for Liberty members, are enrolled.
It is important to recognize that Title IX is an evolving area of law, with ongoing litigation that may impact how the new Rule is applied in the future. The organizations that have contributed to this guide will continue to serve as legal and policy resources, providing updates as new court decisions are made and additional guidance becomes available. Ultimately, the decision to implement policies in response to the new Title IX rule rests with school boards, and we encourage careful consideration of all relevant legal and practical factors when making these important choices.