Title IX Injunction List Updated

As anticipated, Moms for Liberty (MFL) has again updated its list of members that are now subject to a Kansas federal court’s injunction. In early July, the U.S. District Court for Kansas enjoined the U.S. Departments of Education and Justice from enforcing the 2024 Title IX regulations in the four states that filed the lawsuit and in any school attended by a child of a MFL member. We covered this decision in our July 2024 edition of School Law Notes.

The court asked MFL to identify the schools its members attend. MFL initially submitted a list that included nine Michigan schools. The court’s decision, however, allowed MFL to supplement the list to include new members who join that organization. On August 28, 2024, MFL supplemented its members list for the fourth time. The list of schools subject to the injunction is available here:

https://www.thrunlaw.com/sites/default/files/MomsForLibertyLists09132024.pdf

If all schools in your district are on the list(s), we still recommend that your district adopt a policy consistent with the 2024 Title IX regulations and ensure that handbooks and non-discrimination notices are updated. We also recommend ensuring that all staff are adequately trained based on each person’s Title IX role. Additionally, we recommend that you retain a copy of your previous Title IX policy. If you receive a complaint alleging sexual harassment, we recommend contacting legal counsel to determine whether it should be processed under the 2020 or 2024 regulations. Alternatively, your board could choose to keep and follow only its 2020 Title IX policy, with the understanding that very quick action to adopt a new policy, update handbooks, and train staff will be needed if the injunction is lifted.

If some schools in your district are on the list(s) and some are not, we recommend that your district adopt a policy consistent with the 2024 Title IX regulations and ensure that handbooks and non-discrimination notices are updated as soon as possible. We also recommend ensuring that all staff are adequately trained based on each person’s Title IX role. We recommend, however, that you retain a copy of your previous Title IX policy. If you receive a complaint alleging sexual harassment in one of the buildings on the MFL list, we recommend contacting legal counsel to determine whether the grievance process under the 2020 or 2024 regulations should be followed.

We anticipate continued updates to this list. Remember, being on the list does not mean that your school cannot adopt the 2024 Title IX regulations; rather, it simply means that the Office for Civil Rights cannot enforce those regulations in that school.

We continue to recommend that that schools train several employees to serve in certain “key roles,” including Title IX Coordinator, investigator, decisionmaker, appeals officer, and informal resolution facilitator. While the 2024 regulations streamline the investigation process, most investigations will still require the involvement of at least two trained individuals. We will continue to provide our virtual Title IX training monthly based on client demand. Our next training date is October 22 from 10:00 a.m. – 1:00 p.m. To register for any training dates, please visit www.ThrunLaw.com/calendar/list.