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Board reverts proposed Title IX language to 2020 rule set; parent urges district to keep nondiscrimination protections

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Summary

At a first reading of several revised policies, administrators said the district will revert its Title IX grievance procedure to the 2020 federal rules after a federal judge vacated the 2024 regulations. A parent urged board members to retain explicit nondiscrimination protections for LGBTQ students.

John Lustig, director of administrative services for Mankato Area Public Schools, told the school board on March 3 that the district is proposing a return to the Title IX grievance procedures in effect in 2020.

Lustig said the U.S. Department of Education’s Office for Civil Rights recently directed schools to revert to the 2020 rules after a federal judge vacated the 2024 regulations. "Our proposal for you is to revert our policy to be back what it was prior to last fall," he said, describing the draft as a compliance-driven rewrite from the Minnesota School Boards Association model language.

The move prompted public comment. Megan Johansson, a parent who identified herself as having children in the district, urged the board not to remove explicit nondiscrimination protections for students based on sexual orientation, gender identity, pregnancy and related conditions. "A nondiscrimination policy should ensure that LGBTQ-plus students are protected and treated with the same respect as any other student," Johansson said, and asked the board to explain how the district will continue to protect those students if the proposed language removes specific categories.

Lustig explained how the revision interacts with other district policies and state law: the proposed 5-22 Title IX policy would be adjusted to align with the 2020 federal procedures, while the district’s equal educational opportunity policy (policy 102) and the Minnesota Human Rights Act remain the vehicle for identifying protected classes at the state level. He also pointed board members to the district’s harassment policy (policy 413) as an avenue for addressing discriminatory conduct.

Lustig said reverting the Title IX language is meant to reflect current federal guidance and not to signal a change in the district’s commitment to nondiscrimination. He added that the district plans to keep training requirements established under the 2024 rules, even if the procedural language reverts, noting that the district has already implemented staff training this year.

Board members asked for clarity about the source of the drafts. Lustig said the district uses model policies from the Minnesota School Boards Association, which contracts with attorneys to supply model language that districts adopt or adapt.

No vote on the revised policies occurred at the March 3 meeting; Lustig presented the changes as a first reading and invited further questions from the board.