Monday-Friday, September 11 to 14, 2023
New school year, new roles, new personnel—these are just some of the reasons to schedule training on the Title IX requirements. While revisions to the Title IX regulations are pending, the 2020 Title IX regulations continue to apply and will for at least the first semester of the 2023-2024 school year. Read below for descriptions of our upcoming training options and click the links for pricing information.
On April 6, the Department of Education Office for Civil Rights (OCR) released its much-anticipated proposed Title IX rule on the eligibility of students for participation in athletic programs based on their gender identity. The proposed rule, which has garnered a great deal of attention over its application to transgender students, would prohibit schools and colleges that receive federal financial aid from categorically banning students from participating in sports programs based on their gender identity. At the same time, the proposed rule would provide some flexibility for schools and colleges to determine their own sex-related eligibility criteria for more competitive programs, provided that the criteria fit within the rule’s framework.
While the draft document released by OCR contains 114 pages of preamble commentary, which provides an in-depth discussion and analysis of the background and language of the proposed rule, the rule itself is brief, proposing a short paragraph addition to the Title IX regulations at 34 CFR § 106.41, which pertains to athletics.
Continue Reading OCR Releases Proposed Rule Updating Title IX on Student Eligibility for Athletics
Happy New Year from the Title IX team at Franczek! Over the next several posts, we will be providing Title IX updates from the end of 2022 that you might have missed, as well as noteworthy items to keep an eye on in 2023. Below, we cover recent federal court decisions on school district policies regarding transgender students, which we predict will continue to be a major issue this year.
An article by Franczek’s Title IX team—partners Kaitlin Atlas, Amy Dickerson, Jennifer Smith, attorney Emily Tulloch, and law clerk Jenny Lee*—was published in the Winter 2022 Risk Management issue of the Illinois Association of School Business Officials (IASBO) UPDATE magazine. The article, titled “Title IX Investigations: How Do You Manage Complaints?”, featured the authors’ top
The Biden Administration has recently taken steps through agency guidance, rulemaking and decision-making to highlight protections for students and employees with pregnancy-related conditions, including abortion, under the umbrella of Title IX. Against the backdrop of the Supreme Court’s recent decision in Dobbs v. Jackson Women’s Health Organization this past June overturning the 1973 ruling Roe v. Wade, which established a constitutional right to abortion, these recent actions by the Department of Education’s Office for Civil Rights (OCR) provide reminders to educational institutions that Title IX continues to guarantee certain protections under federal law for students and employees based on pregnancy and related conditions, including the termination of pregnancy.
Continue Reading Title IX Protections for Pregnancy after Overturning of Roe v. Wade
Recent court and OCR decisions regarding transgender students and employees reflect widely varying responses to the Biden administration’s efforts to expand protections for LGBTQ+ individuals under federal law, including Title IX. In January 2021, President Biden issued an executive order applying the Supreme Court’s decision in Bostock v. Clayton County to all federal laws prohibiting sex-based discrimination, clarifying that sex discrimination includes discrimination based on gender identity and sexual orientation.
Continue Reading What’s the Future for Biden Administration Protections for LGBTQ+ Students and Employees under Title IX?
Franczek’s Education Law Team is pleased to offer Title IX Compliance training to prepare your team for the 2022-2023 school year. As our trainees have come to expect from the Franczek team, we will engage participants with the material through live polling, discussion, theoretical problems, and role-playing scenarios. If you are interested in Title IX training scheduled specifically for your school or district, please contact TitleIX@franczek.com.
Continue Reading New Staff or New Roles? Franczek P.C. Offers Title IX Training for K-12 Administrators
You may have noticed while skimming through the new Title IX proposed regulations that there are now seemingly two grievance procedures to address Title IX complaints instead of one. You’ll recall that the current 2020 regulations—which, it should be noted, are still in effect—outline the grievance process for formal complaints of sexual harassment in § 106.45. In the proposed regulations, however, there are now two sections—§ 106.45 and § 106.46—governing grievance procedures for Title IX complaints. Why the split, and what’s the difference between the two processes, if any?
Continue Reading Two Grievance Procedures in the New Title IX Proposed Regs?
Today, the Biden administration released its highly anticipated proposed Title IX regulations on the 50th anniversary of the passage of Title IX. The unofficial draft of the proposed rule can be found here. The Department also released a fact sheet on the draft rule as well as the Department’s summary of the draft rule’s major provisions.
Continue Reading Biden Administration Releases New Proposed Title IX Regulations
This week, we celebrate the 50th anniversary of Title IX, the landmark legislation signed into law on June 23 as part of the Education Amendments of 1972. Consisting of a mere 37 words—“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance”—Title IX transformed the landscape of gender equity in education, expanding opportunities and ensuring fairness for women. We first saw Title IX make substantial changes in the realm of athletics, but it has since made significant strides in addressing sexual harassment on campuses across the country.
Continue Reading Celebrating the 50th Anniversary of Title IX