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Committee forwards technical edits to ACF to align with reinstated Title IX 2020 rule

5834448 · September 17, 2025

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Summary

The committee unanimously voted Sept. 16 to forward technical amendments to policy ACF, changing language introduced under the 2024 Department of Education Title IX rule back to sex-based harassment and aligning definitions to the 2020 Title IX regulation that was reinstated in federal court.

The Policy Management Committee voted unanimously Sept. 16 to forward technical amendments to MCPS policy ACF to align the policy with the reinstated 2020 Title IX regulations. Legal staff explained that the U.S. Department of Education's 2024 Title IX rule had expanded the prior definition but that district courts had vacated the 2024 rule, returning enforcement to the 2020 regulation. Robin Seabrook of legal services told the committee the recommended edits are technical and focus on reverting language that referenced the 2024 rule's redefinition to "sex-based harassment" consistent with the 2020 rule, and removing or revising quoted federal criteria drawn from the 2024 rule. Seabrook emphasized that the technical amendments do not change the district's broader nondiscrimination commitments under policy ACA (Equity, Nondiscrimination and Cultural Proficiency) and existing student-bullying policies and regulations (JHF and JHF-RA). The motion to forward ACF was made by Anew of Malu and seconded by Carla Sylvester; the committee voted unanimously to move the technical amendment to the full board for approval. Legal staff said the edits were required to ensure ACF aligns with current federal regulation as interpreted by the courts and that these are technical policy edits rather than changes to the district's nondiscrimination protections more broadly. The amendment will be presented to the full Board of Education for final action.