School board hears legal uncertainty around new Title IX 2024 rules; opts to let courts decide

Mister Shatley, the boards attorney, told the Iredell-Statesville Schools board that the U.S. Department of Education issued new Title IX regulations in 2024 and that litigation is underway in multiple states, including a preliminary injunction issued July 2 by a federal court in Kansas affecting schools attended by members of certain plaintiff organizations.

Shatley said the 2024 rules expand the forms of discrimination covered by Title IX beyond the 2020 ruleswhich focused on sex-based harassmentto include broader categories such as pregnancy and, explicitly, sexual orientation and gender identity. He described several procedural changes in the 2024 regulations: the standard for a hostile environment changes from "severe and pervasive" to "severe or pervasive," reporting obligations for employees broaden from "actual knowledge" to knowledge that "may reasonably indicate" discrimination, and districts may address off-campus or out-of-country conduct when it materially affects a school program or activity.

Shatley warned the board that the new rules combine about 57 pages of regulatory text with a 1,500-page preamble of commentary, and he described uncertainty about how courts will interpret terms such as "minimal harm." He also explained how the 2024 rule aligns some Title IX concepts with Title VII and the Supreme Courts 2020 Bostock v. Clayton County decision.

Board members asked specific questions about athletics, locker rooms and whether a complainant can force the district to use the Title IX grievance process. Shatley explained that a complainant cannot force the district to use a particular complaint process; a districts Title IX coordinator evaluates whether an allegation falls under Title IX and directs the process accordingly. He also noted that athletics rules were expected to be addressed in separate Department of Education guidance or rulemaking.

When asked whether additional federal money accompanies the 2024 Title IX regulations, Shatley answered that there is no specific funding tied to Title IX enforcement; he described it as an unfunded federal mandate. After discussion, board members said they would not change local policy at this time and would "let the courts deal" with the ongoing litigation while continuing to prohibit bullying and harassment in district schools.

Board members and staff said the district will monitor court developments, consider how injunction lists (submitted by plaintiffs such as Moms for Liberty) might evolve, and report updates to the board as cases proceed.