Board discusses Title IX policy revisions after Tennessee decision; policies return to prior investigation framework for now
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Summary
At a June 23 meeting, the District 128 board held a first reading of policy language tied to Title IX investigations, with staff saying the district will revert to earlier procedures following a recent Tennessee decision affecting federal Title IX regulations.
Board members held a first reading of several policy updates that reflect changes to how the district handles Title IX harassment investigations after recent legal developments. Nina Austin asked for context, and Brian Kelly (staff member) explained the operational impact.
Brian Kelly (staff member) said the changes revert district procedures to an earlier investigatory framework and described roles and notice requirements: “Anyone that is involved in the investigation has to be notified. In writing, there are certain people that are the only ones that could be an investigator.” He said investigators report to building administrators and that the superintendent serves as the appellate official.
Kelly said the district had previously adopted a streamlined process under new Title IX regulations, but the Tennessee decision required a return to the prior protocols. “So when the Tennessee decision came down, it basically reversed for us, it reversed our policy on how we investigate matters,” he said. Kelly told the board the procedural changes will require refreshed training for administrators before the school year starts.
The board took no final action; members acknowledged this was the first reading and that the updated policy language will return to committee and to the full board for a second reading and possible adoption next month.