Peoria Unified told to revert to 2020 Title IX rules; board will await federal guidance before drafting bathroom policy

Peoria Unified School District legal counsel told the governing board on Wednesday that federal direction issued after the Jan. 20 executive order instructs districts to treat the 2020 Title IX regulations as the applicable rules for now, and the board agreed to await additional federal guidance before drafting new district policy on bathroom and locker‑room access.

Why it matters: The federal Title IX rules determine how schools handle sex‑based discrimination, harassment and certain student accommodations. Changes to the regulatory definitions and procedures can affect district policy on single‑sex spaces, reporting standards and how schools handle requests for alternate facilities.

Susan Siegel, the district’s legal counsel, summarized recent federal actions: a federal court decision in Tennessee v. Cardona that vacated enforcement of the U.S. Department of Education’s 2024 Title IX rule set, an executive order issued Jan. 20 instructing agencies to rescind guidance documents and to provide sex‑based definitions, and a Department of Education “dear colleague” letter telling districts to rely on the 2020 rules while the new federal direction is implemented.

“The most important thing about this letter is it explains that you should go back to the 2020 rules,” Siegel told the board, adding that the 2020 regulatory standard for identifying actionable harassment remains higher and more specific than the 2024 rules had been.

Board members and public commenters emphasized the district currently lacks a written bathroom policy. A public commenter, Nikki (full name on file), told the board she had repeatedly asked for policy language and said the district had relied on an informal practice: “To say we’re reverting to 2020 policy, there was no policy on bathrooms in 2020,” she said, and urged the board to adopt a clear district policy that addresses privacy and accommodations.

District position and next steps: Dr. Joe Summers, the superintendent, said Peoria Unified did not adopt the 2024 Title IX rule set and is aligned with the 2020 framework. Board members asked for legal guidance and model language; Siegel recommended waiting for the Department of Education to issue clearer guidance within the 30 days the executive order allowed. The board also has scheduled a vendor presentation from the Arizona School Risk Retention Trust at the Feb. 13 meeting to discuss policy options and model language.

Procedural note: Board members considered convening an executive session for attorney advice on Title IX implementation but instead voted — by roll call — not to convene the proposed executive session. The substitute motion to not convene executive session was made by Governing Board Member Kevin Tobey and seconded by a board member recorded as Proudfit; the motion passed 5–0 with all members voting yes.

Where uncertainty remains: Siegel cautioned that several legal questions remain unsettled, including how courts will treat newly filed complaints (for example, a recent complaint filed by the America First Legal Foundation) and how the Department of Education will refine guidance on sex‑segregated spaces and what lawful accommodations should look like. She told the board to expect further federal clarification and advised the district not to rush to adopt a narrowly targeted rule without that guidance.

What the board asked for: Members asked administration and counsel to prepare draft policy options and to bring them back after federal guidance is clearer; the district also will work with trust and policy providers for model language and legal review. Several board members emphasized the need for a policy that protects privacy while accommodating students’ health or safety needs.

The discussion closed with the board and counsel agreeing to monitor federal action closely and to consider model policies from trusted sources before recommending any district policy changes.