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Brandywine board re-adopts 2020 Title IX rules after federal court ruling, amends district policy
Summary
The Brandywine School District board voted to revise its Title IX policy to align with the U.S. Department of Education's enforcement of the 2020 regulations after a federal court ruling vacated the 2024 rule. Board members also removed a dated parenthetical from the policy language.
The Brandywine School District Board of Education voted at its March meeting to revise the district's Title IX policy to align with the U.S. Department of Education's enforcement of the Feb. 2020 Title IX regulations following a federal court ruling that vacated the department's 2024 rule.
Delica McIntyre, a district staff member, told the board that the U.S. Department of Education's Office for Civil Rights had determined it would enforce the 02/2020 regulations after a U.S. district court ruling. "I am here tonight asking that as a result of that decision that we go back and vote to adopt the former regulations which are now the regulations for Title IX from 2020," McIntyre said.
The policy was presented as a revision of the district's existing Title IX policy and board members discussed how the court ruling affects which federal rule governs investigations and procedures. Vice President Dr. Jagadet asked whether the change stemmed from a shift in federal policy; McIntyre confirmed the district was responding to the court decision that vacated the 2024 regulations.
Board members debated whether the district should later consider separate protections or clarifying local policy for gender identity and other categories. One board member noted existing nondiscrimination language elsewhere in district policy and urged continued work to ensure staff and students feel safe.
The board approved the revised policy as amended to remove a parenthetical phrase describing applicability to conduct occurring prior to Aug. 1, 2024. The amendment clarified the policy text so the district's policy conforms to the current federally enforceable rule.
The board recorded the motion, adopted the amendment, and carried the motion by roll call with members voting in favor and at least one abstention recorded.
The district attorney and administration said they will monitor future federal guidance and court decisions and return to the board if further revisions are needed.
The board directed staff to review whether additional district-level policies or clarifying language should be drafted to address protections the 2024 rule had proposed, such as specifics on gender identity, and to report back to the board with recommendations.
