Policy committee moves to revise discrimination and complaint policies after federal court vacates 2024 Title IX regulations

The Wake County Schools Policy Committee voted to send revisions to the district's discrimination, harassment and bullying policies to the April 8 board meeting for action after staff briefed the committee on recent federal court rulings that affected Title IX regulations.

Staff told the committee a federal judge vacated the 2024 Title IX regulations, returning districts to the earlier 2020 procedures. Committee staff and counsel advised the revisions focus on the procedural portion of the Title IX complaint process and on definitions tied to Title IX so the district’s policies match the regulations currently in effect.

A staff attorney summarized the legal context to the committee: the 2024 regulations had been adopted and then faced litigation; an earlier injunction limited enforcement in some courts and the most recent order invalidated the 2024 regulations nationwide, "so we're back to the 2020 regs in all respects," staff counsel said during the meeting. Staff emphasized that the changes are limited to Title IX procedures and do not remove or prohibit local nondiscrimination protections. Staff reiterated the district continues to prohibit discrimination on a range of protected characteristics, including gender identity, under local policy.

Committee members asked how the changes affect students' access to facilities and athletics. Staff noted that the Gavin Grimm (Fourth Circuit) decision — a binding appellate court ruling in the Fourth Circuit that covers North Carolina — remains in effect and governs issues such as bathroom access for transgender students. Staff told the committee the Grimm decision was not governed by the administrative regulations and therefore is not altered by the regulatory changes discussed at the meeting.

After discussion, a motion was made and seconded to move the proposed policy revision (policy 1710 and a related complaint process policy) to action at the April 8 board meeting; the committee voted in favor. Staff said they will provide the committee and board with clarifying material before the full-board discussion, including items committee members requested about which elements of the previous draft are excluded by the change in regulatory posture.

Speakers quoted or paraphrased in this article are staff and committee members who participated in the March 18 meeting; direct quotations are drawn from the transcript and are attributed to the speaker list below.