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Faribault board adopts revised Title IX nondiscrimination policy after staff outline federal compliance risks

Faribault Public Schools School Board · September 23, 2024
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Summary

The board approved an updated Title IX nondiscrimination policy after Human Resources summarized potential federal consequences for noncompliance; some board members voted against it or abstained, citing pending legal challenges in other states.

The Faribault Public Schools School Board approved a revised Title IX nondiscrimination policy at its Sept. 23 meeting after a debate about the timing of adoption amid litigation in other states.

Board member Linda Boudreaux expressed reluctance to adopt the new policy while legal challenges in roughly two dozen states are pending, saying it felt premature to move forward while litigation is unresolved. Superintendent Benty called forward Human Resources Director Nicole Yocomari to review the practical consequences the district could face if it failed to comply with Title IX obligations. Yocomari told the board that noncompliance could lead to the loss of federal funding, heightened litigation risk, reputational damage and increased federal oversight, and urged the board to weigh those risks when considering the policy.

"Noncompliance with Title IX can have serious consequences, especially the potential loss of federal funding and exposure to lawsuits," Yocomari said in summary to the board. Several board members reiterated both the policy’s protections and the uncertainty created by litigation elsewhere; questions focused on whether Minnesota has an injunction in place (the superintendent said Minnesota had not filed one and current state civil‑rights language overlaps with some Title IX provisions).

After discussion, the board approved the policy by roll call; the official tally recorded multiple ‘aye’ votes, at least two ‘no’ votes and one abstention. The board noted the abstention on the record and directed staff to continue monitoring the evolving legal landscape and to bring clarifying guidance or amendments if needed.

Next steps: the policy will be implemented consistent with federal requirements, and district staff agreed to report back if and when legal developments materially affect the district's obligations or procedures.