Board weighs timing on new Title IX regulations; administration recommends pause while legal challenges play out
Summary
Policy committee presented a draft policy aligned with the 2024 Title IX regulations but recommended pausing formal adoption because the regulations are subject to national litigation and several jurisdictions have injunctions; district staff will continue drafting procedures and training so the district can implement quickly if legal clarity emerges.
The policy committee briefed the board on a proposed update to the district’s prevention of harassment and Title IX policy (F35) that follows the new 2024 federal regulations. Committee lead Erica told the board the draft expands protections to cover sexual orientation, gender identity and pregnancy‑related conditions, and the draft was prepared with help from a national association of Title IX administrators.
Legal counsel recommended caution. Committee members and counsel explained that the 2024 regulations are currently the subject of litigation in several states and some courts have entered injunctions that prevent implementation in those jurisdictions. The committee described mixed approaches in Vermont school districts and noted that the Vermont School Boards Association (VSBA) and Agency of Education (AOE) have not issued a statewide model policy for the 2024 rules.
Given the unsettled national legal environment, the committee’s working recommendation was to refrain from adopting a 2024‑based policy now. Instead, the committee recommended continuing drafting work, training, and insurance‑carrier checks so the district can move quickly if and when the legal environment stabilizes. Committee members also noted that much of the substantive protection covered by the district’s existing harassment and anti‑bullying policies is retained under state law; pregnancy‑related conditions were identified as an area where the 2024 rules may expand explicit federal coverage.
Board members asked about insurance and legal exposure if the district were to act ahead of model policies or local court outcomes; committee members said they planned to contact peer districts and the insurance trust to confirm coverage. The committee emphasized the trade‑off between being ready to implement new protections and avoiding the legal, media and training costs of adopting a policy that could be enjoined in some places.
No formal adoption occurred; administration and the policy committee will continue to refine the draft and monitor legal guidance and VSBA/ AOE model policy publications.
