While the 2024 Title IX regulations, in their short lifespan, had specific provisions about the role of members of the IEP team in determining supportive measures and other aspects of the process, the reinstatement of the 2020 Title IX regulations requires schools to think twice about the overlapping obligations between Title IX and the laws protecting students with disabilities. For special education, these developments in Title IX intersect with the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA), creating compliance pressures and opportunities to improve policies and practices on impacts for students with disabilities.

School districts have dual obligations to comply with the interwoven framework of legal responsibilities. Title IX compliance operates alongside IDEA’s FAPE mandate and Section 504/ADA nondiscrimination duties. The Department of Education noted alongside the issuance of the 2020 Title IX regulations: “Recipients’ obligation to comply both with these final regulations and with disability laws applies to all aspects of responding to a Title IX sexual harassment incident including investigation, discipline, and segregating elementary and secondary school students with disabilities from classroom settings. Nothing in these final regulations precludes or impedes a recipient from determining what services may be necessary to ensure a safe, welcoming environment for all students.” 85 Fed.Reg. 30026 (2020) [emphasis added].

Therefore, schools must harmonize processes so that Title IX responses do not impede the provision of special education and related services, including IDEA’s procedural safeguards (e.g., manifestation determinations, discipline protections, IEP team decision-making). These protections must be preserved during Title IX investigations and outcomes. Adjustments to timelines or meeting structures may be necessary to avoid conflicts. In addition, Title IX coordinators, investigators, and decision-makers must provide auxiliary aids/services and reasonable modifications for complainants and respondents with disabilities to ensure meaningful participation.

Among the implications for policies and practices, schools might consider incorporating explicit protocols for Title IX personnel to provide disability-related accommodations in Title IX procedures (e.g., alternative formats, extended time for meetings, accessible interviews, behavioral supports). This might also include building an intake protocol that screens for disability-related needs at first contact and triggers a coordinated response among the Title IX coordinator and the 504 coordinator and/or special education director. By doing so, schools can ensure supportive measures (e.g., schedule changes, no-contact directives, instructional adjustments) preserve FAPE and least restrictive environment considerations. Any material change to services should be IEP team-driven with parent participation.

Also, it is imperative that Title IX personnel coordinate Title IX timelines with IDEA discipline procedures. Where emergency removals or interim exclusions are contemplated, schools should conduct required IDEA procedures (e.g., manifestation determinations) and consider whether behavior is a manifestation of disability. It is also advisable to train decision-makers on credibility assessments that avoid disability stereotypes and on weighing evidence where disability affects demeanor or communication style. In addition, issues of consent may be nuanced and impacted by the existence of a disability.

Undoubtedly, there are challenges and operational complexities that arise: running parallel processes (Title IX and IDEA/504) strains timelines and staff capacity, particularly in K–12 where school-based teams juggle discipline, safety, and service provision. There also is a risk of conflicting directives: interim supportive measures can inadvertently alter IEP services or placement if not routed through the IEP team. Without deliberate planning, investigative steps (e.g., live interviews, written submissions, hearings) may be inaccessible to students with communication, cognitive, or sensory disabilities.

To meet these challenges, schools should consider integrated Title IX–special education protocols can improve consistency, reduce bias, and enhance trust among families and staff. Cross-training fosters shared vocabulary and coordinated responses, improving outcomes and reducing litigation risk. Also, requiring IEP/504 team review for any proposed change to services/placement arising from supportive measures or outcomes would be anticipated by this cross-training.

In post-secondary settings, institutions should also ensure disability services coordinate with the Title IX office to provide academic and housing-related supportive measures without disclosing more than necessary. By doing so, they can also address employee-student dynamics and campus safety orders with accessibility in mind.

For example, consider a situation where a middle school student with an IEP alleges sex-based harassment by a peer. The Title IX coordinator considers and recommends supportive measures (seating changes, check-ins) and accessible interviews with an interpreter and visual supports. An IEP meeting then confirms that schedule adjustments will not reduce specialized instruction. The investigation proceeds on standard timelines with a documented accommodation-based extension for the student’s processing needs.

The current Title IX regulations heighten expectations for processes that protect students from sex-based discrimination while preserving disability rights. School districts that proactively integrate Title IX compliance with IDEA, Section 504, and ADA obligations—through policy alignment, accessible procedures, cross-functional training, and rigorous documentation—will better serve students with disabilities, support educators, and reduce institutional risk. The path forward is not merely compliance-oriented: it is an opportunity to build comprehensive, student-centered systems that advance both safety and inclusion.

As always, our Franczek Title IX team is ready to support schools with all their training needs. We offer training packages with in-person, live online, and on-demand options, as well as trainings that can be tailored to your school’s specific needs. Please reach out to any member of our Title IX team or email TitleIX@franczek.com for more information.