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D C Everest board pauses action on Title IX policy amid federal court ruling
Summary
Board members discussed a federal district court decision that vacated the 2024 Title IX rule and decided not to rescind local policy immediately; staff will seek legal guidance and the board will review the matter within 30 days.
The D C Everest Area School District School Board discussed a January federal court decision that vacated the U.S. Department of Education's 2024 Title IX rule and took no immediate action to rescind local policy, instructing staff to seek legal counsel and bring a recommendation back within 30 days.
Board members and district staff reviewed guidance from Neola, the district's policy service, and noted that the Department of Education has posted a statement saying the 2024 rule is not effective in jurisdictions affected by the court order. The discussion focused on how to handle complaints reported now and complaints reported during the 2024 rule's effective period.
Board members asked whether the district must resume the 2020 Title IX procedures and whether the board must take a formal vote to rescind policy 2266 or 2264. District staff said they currently interpret the court order to mean the 2020 procedures would apply in practice, but that questions remain about incidents reported after the 2024 rule's effective dates (for example, reports filed now about conduct that allegedly occurred while 2024 rules were in effect). Staff advised that administrators would continue to respond to complaints and climb the administrative ladder to find timely remedies while the legal questions are resolved.
No formal rescission vote was taken. Several members who had moved or seconded earlier proposals withdrew those motions, and the board agreed not to change current policy immediately. The board asked district counsel and the staff contact who provided the Neola guidance to obtain a written legal opinion clarifying whether the district must take formal action to rescind or amend local policies and whether the district could face exposure for following a policy later determined to be vacated. The board said it would reconvene on the issue if counsel recommended immediate action but otherwise would revisit the matter within 30 days as previously committed.
Board members raised specific concerns about the practical impact on investigations, appeals and protections for students. Staff noted that nondiscrimination and anti-bullying protections remain in place through the district's pupil nondiscrimination and anti-harassment policies and that practices for investigation and appeals may revert to the 2020 procedures pending further legal guidance.
The board directed staff to: obtain formal legal guidance, advise administrators on immediate procedural steps for responding to complaints, and return to the board with recommended policy language or a proposed rescission if counsel advises it.
Next steps: district legal counsel will provide a written recommendation; the board will schedule follow-up within 30 days or call a special meeting sooner if counsel recommends immediate action.
