On January 9, 2024, a federal judge vacated the U.S. Department of Education’s 2024 Title IX Final Rule. Now that the Biden Administration has come to an end without an appeal of that decision, it is clear that the 2024 Title IX regulations will not be resurrected any time soon, if ever. While the court’s decision left unclear whether the 2020 Title IX Final Rule would be resurrected in the absence of its successor or whether there would simply be no operable Title IX rule, the U.S. Department of Education appears to be taking the position that the 2020 Title IX Final Rule is back in force. For example, it recently issued guidance on online harassment, making explicit reference to the 2020 regulations. Additionally, in states that were already subject to an injunction regarding the 2024 Title IX rules, the U.S. Department of Education continued to apply the 2020 rules.
Based on the current position of the U.S. Department of Education on the matter, we recommend that districts begin the process of formally reverting to their policies under the 2020 regulations. The board of education should formally revoke the new policy and readopt the 2020 policy. Consult with legal counsel regarding how to handle cases that began under the 2024 regulations and are still pending. Staff will likely need refresher training regarding the 2020 procedures.
Please contact us if we can assist you in modifying your policies and providing training to your staff.