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Board hears solicitor on Title IX/Section 504 litigation; policy committee realigns regulations to 2020 rule set
Summary
The board—s policy committee reported review of multiple Title IX-related policies after a court vacated 2024 Title IX regulations; solicitor flagged a separate federal court challenge arguing Section 504 may be unconstitutional, and board members discussed implications and an upcoming —welcoming schools— resolution.
The policy committee reported Feb. 10 that multiple policies tied to Title IX and related guidance were reviewed and sent to the solicitor for alignment with the 2020 regulatory framework after a court vacated the 2024 Title IX regulations.
"After the court case came out, vacating the 2024 regulations in regards to title 9, these policies came back. We made the judgment call to then realign those to 2020 and not necessarily just revert back to the other policies formats," the policy committee reported to the board.
During the meeting, solicitor Michael Fitzgerald warned the board of an evolving federal challenge outside the Title IX rulemaking: states involved in litigation are making a novel argument that Section 504 of the Rehabilitation Act may be unconstitutional. "...they're now arguing, and it's a novel argument, but it's an argument that…
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