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Board approves interim Title IX policy updates after legal clarification

Harnett County School Board · August 6, 2024
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Summary

After discussion about a preliminary injunction filed in Kansas and possible effects on listed schools, the Harnett County School Board voted 3–2 on Aug. 5 to adopt interim Title IX policy updates directing staff to apply the regulations in effect while consulting legal counsel.

Board legal counsel told the Harnett County School Board that a lawsuit filed in Kansas seeks a preliminary injunction and that the plaintiffs have asked courts to extend any injunction to members of the filing organization — potentially listing individual schools as affected. The attorney said that while federal law requires implementation of Title IX regulations, the injunction request creates uncertainty for some schools and recommended an interim statement to guide district actions while the legal picture stabilizes.

The interim statement the board adopted directs the Title IX coordinator and relevant staff to apply Title IX regulations "in effect at the time a report of [harassment or discrimination] is received," and to consult the board attorney for implementation guidance. Board discussion included direct questions about whether the updated regulations change substantive definitions; counsel characterized the main changes as procedural (a single-investigator model for investigations) rather than definitional. One board member asked directly about student restroom access and parental notification under the new rules, illustrating the political sensitivity of the topic. After legal clarification the board approved the policy update on a 3–2 vote.