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Buncombe board rescinds interim Title IX policies, reinstates 2020 rules after court vacates 2024 regulations
Summary
Following a federal court decision vacating the 2024 Title IX regulations, the Buncombe County Board of Education voted to rescind interim Title IX policies adopted last fall and reinstate the district policies written to comply with the 2020 Title IX regulations.
The Buncombe County Board of Education voted to rescind interim Title IX policies adopted in 2024 and reinstate the district's Title IX policies aligned with the 2020 federal regulations.
Board attorney Dean Shatley told the board that a federal district court in Eastern Kentucky had entered an order on Jan. 9 vacating the Biden administration's 2024 Title IX regulations, and that the U.S. Department of Education was not pursuing an appeal. "The January 9 order completely vacates the '24 Title IX regulations," Shatley said. "The Department of Education administration has indicated that they will continue to enforce the '20 regulations." The board followed his recommendation and rescinded the interim policies, then waived first reading and reinstated the earlier policies.
The change affects the district's grievance procedures and the definition and investigative process for alleged sex-based harassment and Title IX complaints. Shatley emphasized this is a procedural change about how investigations are handled, not a justification to ignore bullying or discriminatory conduct: "It still doesn't mean that we allow behavior to go on that is bullying, harassing, or discriminatory. It just means what type of policy or what process do we use when we investigate it." The board approved both motions without recorded dissents.
Why it matters: The board's decision aligns district policy with the federal regulatory framework currently being enforced and clarifies the district's investigative process for Title IX complaints. The move also responded to litigation-driven uncertainty that prompted an interim policy last fall.
What the board did: Board member Greg Cheatham made the motion to rescind the interim Title IX policies and later to waive the first reading and reinstate the 2020-based policies; both motions carried. Dean Shatley and Cheatham were the primary presenters on the agenda item, and Shatley answered board questions about legal implications and process.
What remains: The reinstated policies adopt the 2020 regulatory standards for Title IX investigations. The board did not change language governing prohibitions on harassment or discrimination, only the formal process used to investigate Title IX complaints. Administrators and staff will implement the reinstated grievance procedures going forward.
