Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Title Ix topic
No spam. Unsubscribe anytime.
Legal counsel: revert Title IX policies to 2020 guidance; board questions protections and procedure
Summary
Following court changes to 2024 Title IX regulations, the district was advised to revert to the 2020 policy framework; the recommended edits are largely procedural, but removal of an explicit parenthetical reference to gender identity prompted board questions about practical protections for transgender students and the district's procedural safeguards.
Legal counsel briefed the board on a series of policy edits recommended to align district policy with Department of Education guidance after the 2024 regulations were overturned in court. Counsel said the suggested changes generally revert processes to the 2020 regulations and focus on procedural matters such as complaint handling, training and documentation.
Board members focused on one visible edit: the proposed removal of a parenthetical phrase that explicitly defined "on the basis of [gender identity]" in policy text. Several members asked whether removing that parenthetical would reduce protections for transgender students. Counsel explained that the Fourth Circuit decision in Gavin Grimm'related jurisprudence remains binding in the circuit and that North Carolina districts are required to treat discrimination on the basis of gender identity as sex discrimination under Title IX case law. "Whether that parenthetical is there defining it or not, that case law still stands," counsel said, and stressed the district's obligation to avoid deliberate indifference under Title IX.
The board discussed whether some training and notice requirements should be preserved in local procedures even if policy language is adjusted. Counsel said some procedural elements could be retained or clarified through administrative procedures, and the firm recommended a few targeted edits to policies 17-25 and 17-26 to clarify the role of emergency removal and hearing-request language in the grievance process.
The board did not vote on these policies tonight and directed staff to review suggested counsel edits and return with language options for further consideration; some policies may require legal counsel input before advancing to second read.
