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Board counsel outlines Title IX status, Education Freedom Act details and immigration guidance for schools
Summary
Board counsel provided a legal briefing on Title IX developments, the state Education Freedom Act (voucher/scholarship program) and guidance on immigration enforcement and school responses, including how the district should handle document requests and identify eligible teachers for a state bonus program.
Chris McCarthy, counsel for the Cumberland County Board of Education, briefed the board on three legal areas residents have asked about: Title IX and recent federal rulemaking and litigation; the state Education Freedom Act (EFA) and associated teacher bonuses; and immigration enforcement guidance for schools.
Title IX and recent rulemaking
McCarthy reviewed the legal background and recent changes. He said a 2024 U.S. Department of Education rule that would have read Title IX protections to include sexual orientation and gender identity was blocked in federal court and has not gone into effect in Tennessee. He summarized that, as of the meeting, the department’s most recent guidance and federal court rulings mean local officials should not treat Title IX as including gender identity or sexual orientation protections in Tennessee schools.
State Education Freedom Act, scholarships and teacher bonuses
McCarthy summarized provisions of the state’s Education Freedom Act (the scholarship/voucher legislation) as…
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