Implementing New Title IX Regulations in K-12 Schools

Updates to Title IX – What K-12 Schools Need to Know

The U.S. Department of Education released new Title IX regulations in April 2024, and now the rush is on for school districts to make sure their employees are trained on how to comply with these new rules by the time they take effect on August 1.

To help them prepare, Vector Solutions partnered with Megan C. Farrell, Title IX and Civil Rights Officer and Title IX Consultant, for a webinar in which Farrell discussed some of the changes to Title IX regulations and provided tips to help K-12 administrators prepare. The webinar is available on demand at: “Title IX: New Regulations and New Compliance Requirements for K-12 Schools.”

This information is offered for consideration and is not meant to be a prescriptive, definitive legal guide for your school or district regarding Title IX compliance. Both Vector Solutions and Megan Farrell advise you to consult with your administration and legal counsel regarding specific questions about compliance requirements for your institution.

What Is Title IX?

Title IX is a set of rules that prohibits students in any education program that receives federal funding from being discriminated against based on sex. It specifically includes protection regarding sex-based harassment and sexual violence.

Title IX was last updated in 2020 and after multiple delays, the newest rules were released in April 2024. The new rules will replace the 2020 regulations and result in significant changes to compliance for K-12 schools.

What’s Changing?

There’s a good chance schools will end up investigating more violations under the new regulations based on some of the changes. For instance, the scope of what constitutes sex discrimination has broadened, and the definition of “hostile environment” has expanded. Plus, investigations are no longer limited only to complaints that happen on school grounds. There have also been changes regarding filing complaints, the grievance procedure, and training. Here are some of the changes Farrell highlighted that will impact K-12 schools and districts.

1) Sex-Based Discrimination

The new Title IX rule now specifies that sex-based discrimination includes discrimination or harassment based on sexual orientation, gender identity, sex stereotypes, sex characteristics, pregnancy and pregnancy-related conditions, and peer retaliation. This may result in more cases being handled in Title IX offices and schools will need to make sure accommodations are in place for students who are pregnant.

2) The Definition of “Hostile Environment”

The biggest update to the sexual harassment section of Title IX that will impact schools is the definition of what constitutes a “hostile environment.” Farrell says the vast majority – about three-quarters of cases that come into the Title IX offices – relate to allegations of a hostile environment. Under the old 2020 rules, in order for a finding that behavior constituted a “hostile environment,” the behavior had to be severe, pervasive, and sexually offensive. Farrell noted that not many cases ended up meeting that strict definition. The new Title IX rule relaxes the criteria for what constitutes a hostile environment which means that schools will potentially end up having more violations.

3) Expanded Jurisdiction

Another big change is that under the new rules, off-campus conduct can be taken into consideration in determining whether a hostile environment exists. If something happens at a party at a private home over the weekend and makes it into the “rumor mill” at school, Farrell said, it can constitute a hostile environment. This is similar to how many districts handle bullying. Also, the new Title IX rule requires investigations regardless of whether the complainant is still enrolled at the school.

4) Formal Complaints

Previously, Title IX offices required a formal complaint to be filed in order to start an investigation, which was sometimes daunting for the complainant. Under the new Title IX rule, just giving an impression that something has happened is enough for the Title IX office to launch an investigation. The new regulations also strengthened language regarding the Title IX office’s response – requiring “prompt and effective action to end discrimination and prevent its recurrence.” Previously it just required the Title IX office respond in a manner that is not deliberately offensive. The new Title IX rules also require support be provided to the parties during the investigation.

5) Grievance Procedure

Several things have changed with the grievance procedure that school districts will need to train their Title IX offices on. For instance, now, the Title IX officer must provide a written outcome regardless of whether a violation was found. The three 10-day review periods are eliminated which will mean the investigations will likely wrap up more quickly.

6) Training Requirements

The new regulations require all employees be trained annually, and that training must address sex-based discrimination, the definition of sex-based discrimination, and sexual harassment. This is more specific than the previous regulation, which just reported that all employees had to report being trained, but didn’t specify how or when to train them.

Steps To Prepare

Farrell suggests the following steps for district administration and Title IX officers to take this summer to make sure everyone is prepared for the 2024-2025 school year.

1. Alert leadership and key staff members about the changes
2. Create a timeline for completion of key training compliance areas
3. Develop a policy for compliance with the new regulations – have that policy finalized before August 1, 2024
4. Advise staff, students, and parents about the changes
5. Train all employees and members of the Title IX team

Additional Considerations

Farrell emphasized that there are several caveats that schools should be aware of. For instance, the new Title IX rule does not yet apply to K-12 athletic programs. And there are legal challenges to the new regulations in several states.

How Vector Can Help

Vector Solutions provides online training courses on a wide range of safety and compliance topics, including several courses specific to Title IX.

Vector is updating its courses to support school districts as they prepare training plans to address the Title IX changes. For the latest information and timeline on the updates to Vector’s courses, visit our support center.

Title IX-Related Courses for School Staff include:

• Title IX Compliance Overview
• Title IX and Gender Equity in Athletics
• Sexual Harassment: Policy and Prevention
• Sexual Harassment: Staff-to-Staff
• Sexual Harassment: Student Issues & Response
• Sexual Misconduct: Staff-to-Staff
• Sexual Misconduct: Staff-to-Student
• Discrimination: Avoiding Discriminatory Practices
• Discrimination Awareness in the Workplace

Vector also offers an array of online Student Safety & Wellness courses for students addressing many important topics related to their health and well-being, including a course about sexual harassment. The student courses can be used for prevention education or for remediation when a student has been found to be in violation of Title IX regulations.