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Caledonia speakers urge board to delay adopting federal Title IX rule; board says it will ‘watch and wait’

Caledonia Community Schools Board of Education · August 14, 2024
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Summary

Public commenters, citing federal injunctions and legal challenges, urged the Caledonia board to defer adopting the U.S. Department of Education’s new Title IX regulations; the superintendent said the district will monitor litigation and maintain a wait-and-see posture.

Public commenters told the Caledonia Community Schools Board of Education on Aug. 12 that the district should not adopt the U.S. Department of Education’s new Title IX regulations until court challenges are resolved.

A resident addressing the board said multiple federal judges had enjoined aspects of the rule and warned that adopting it now could expose the district to lawsuits. “If you vote for this policy, you will knowingly be accepting a policy that violates your teachers’ and students’ First Amendment rights,” the commenter said.

Sean, a public commenter reading an email from legal counsel, urged the board to delay any adoption and pointed to preliminary injunctions around the country. He told the board that several federal district and appeals courts have preliminarily blocked enforcement, and that waiting would avoid revising policies and training that may never be required if courts ultimately rule against the regulation.

Superintendent (name on the agenda) updated the board on the district’s current legal posture, saying the regulations took effect Aug. 1 and noting that four district schools are operating under injunctions while five are not. He said the district’s legal advice is that the regulations are currently in effect but that administration will continue to monitor litigation and recommended a cautious approach: “we are feeling like right now, we’re just holding, and we have to wait and see what goes.”

Why it matters: The DOE rule changes how discrimination is defined and contains provisions affecting access to facilities and use of pronouns that commenters said raise constitutional and operational concerns. Board members asked for continued information from legal counsel and indicated the board would not immediately advance adoption while litigation proceeds.

Next steps: Administration told the board it will continue to provide updates as court decisions develop. No formal board action to adopt the federal rule was taken during the meeting.