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District pauses final action on Title IX policy as federal guidance and legal challenges unfold

Merton Community School District Board of Education · July 23, 2024
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Summary

Board heard a staff update on evolving U.S. Department of Education Title IX guidance and a possible nationwide injunction sought by Moms for Liberty; staff recommended pausing formal policy adoption until a July 26 court list clarifies which schools might be affected.

Chair (S1) opened a report from a staff member (S2) about emerging federal guidance on Title IX and recent legal activity that could affect district responsibilities.

S2 told the board that the U.S. Department of Education is circulating new nondiscrimination and harassment definitions that include gender identity and pregnancy and that the district is tracking fast-moving developments. "This is continuing to be fluid," S2 said, adding that the policy committee completed a first reading of the proposed procedures at its July 17 meeting.

S2 warned the board of a pending legal action: "There is a possible injunction where the named school districts across or named schools across the country would be immune from the Department of Education's complaint process," S2 said, explaining the district may not know until a court-produced list is issued. S2 said the district would wait for the court's list, expected July 26, before considering formal adoption: "The last recommendation on Friday was to pause any formal board action... until after the 26th to see if, in fact, your school is on that list."

The staff briefing noted the district's current Title IX procedures largely align with the proposed federal language but that several procedural steps would need targeted tweaks to match the new guidance. S2 described the recommended procedural package (referred to in the discussion as "1 14 r" variants) as a 32-page document with investigation steps that largely can be implemented but require small additions.

Board members discussed scheduling: if the court list requires reconsideration, the board will reconvene the posted July 30 meeting or call a special meeting as needed. S2 said a posted meeting can be canceled with a 24-hour notice and website notification if the board decides not to proceed.

The board did not take a final vote on Title IX procedures at this meeting. Next steps are for staff to monitor the court action, report back with any direct implications for the district, and, if appropriate, bring a revised policy for formal adoption once legal uncertainty is resolved.