On Friday, April 19, 2024, the U.S. Department of Education announced a final rule amending the implementing regulations for Title IX of the Education Reform Act of 1972 (Title IX). The new regulations require an overhaul of the policies, procedures, and standards that public schools implement regarding sexual discrimination, including sexual harassment.
All public school divisions must comply with the final rule by August 1, 2024, immediately before the start of the 2024-25 school year.
In summary, the new regulations are:
- Expands the scope of certain regulations to cover all claims of discrimination based on sex, not just claims of sexual harassment.
- Require schools to implement specific grievance procedures Oral and written “Complaints about sex” discrimination” includes acts of sexual harassment.
- Expanding the definitions of “gender-based discrimination” and “gender-based harassment” to explicitly include discrimination/harassment “based on sex, stereotypes, sexual characteristics, pregnancy or related conditions, sexual orientation, or gender identity.” Include in.
- Adds new criteria for evaluating discrimination claims other than sexual harassment. Schools “must not treat individuals differentially or differentiate between individuals on the basis of gender in a manner that would cause any of the above to occur.” minimal “Harm from adopting policies or participating in practices that prevent individuals from participating in educational programs and activities consistent with their gender identity.”
- Identify “hostile environment harassment” as one of the three categories of “sexual harassment” (in addition to give something in return certain crimes such as harassment and sexual assault). Hostile environment harassment is defined as “unwanted sexual conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and of a very serious nature.” or Limiting or denying people's abilities is widespread. participate in or benefit from Recipient educational programs or activities (i.e., creating a hostile environment); ”
- Allow schools more flexibility in choosing the grievance procedures they use to respond to complaints of sex discrimination.
- If a student with a disability is a party to the complaint, please include specific requirements.
- Requires annual training for all school personnel on a school's obligations to address sex discrimination, the scope of conduct that constitutes sex discrimination, and applicable reporting requirements, and establishes certain designations under Title IX. Require extensive annual training for responsible school personnel.
- There are a number of other requirements covered in the regional training offered by Sands Anderson in early June 2024.