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Fountain Hills board debates adopting 2024 Title IX wording amid ongoing litigation
Summary
Board members discussed adopting ASBA-recommended Title IX language that replaces prior 'harassment' wording with 'discrimination' and cites the Department of Education'7s August 2024 rule; some members urged caution because litigation over the rule remains unresolved.
The Fountain Hills Unified School board spent a sizable portion of its meeting Wednesday debating proposed Title IX policy language drawn from recent federal guidance.
Board members said the supervisory change replaces earlier "harassment" phrasing with broader "discrimination" language that, in places, explicitly references the Department of Education'7s August 1, 2024 final rule. Board Member (unnamed 6) warned the rule is the subject of pending litigation and said the district should be cautious about adopting language described as "as amended in 2024." Dr. Jay, the district superintendent, told the board the proposed changes originate with the federal Department of Education: "This comes from the federal government," he said, and added districts were being urged to adopt the language because federal funding could be at risk if recipients do not comply.
Opponents on the board raised both legal and policy concerns. One member said the changes were "redundant" with existing nondiscrimination protections and described the revision as politically charged, arguing the board should consider removing references to the 2024 amendments until court outcomes are known. Another member said they had prepared a motion to decline implementation but did not introduce it at this meeting.
Board members agreed the matter required more review and public visibility. The item was discussed as information for the board; the president said the issue would return for future consideration and the administration agreed to circulate relevant policy drafts and the district'7s existing nondiscrimination policy to the board for comparison.
What happens next: the board did not adopt the Title IX language at this meeting; members requested the policy be circulated and scheduled for a future action item, allowing time for legal developments and further board review.
