Title IX Status Update

The status of the 2024 Title IX regulations has been in flux since the U.S. Department of Education (USDOE) released them in April 2024. Scheduled to take effect on August 1, 2024, federal courts have halted USDOE’s enforcement of the regulations in at least 15 states and at the schools identified in this list. Michigan is not one of the 15 states. Only nine Michigan schools are on the list, though the Kansas court has extended the deadline for the parties to add schools to the list. We expect an updated list by midnight on July 26, 2024. There may be future versions of the list that impact our clients.

On Monday, July 22, 2024, USDOE asked the U.S. Supreme Court to intervene in challenges to the regulations initiated in Louisiana and Kentucky. As of the date of this article, the Supreme Court has not indicated whether it will weigh in on the pending litigation.

Michigan public schools, including those in districts that have a school on the list, should plan to implement the 2024 regulations on August 1st, barring additional agency or court action.

Many of the lawsuits filed to halt implementation of the 2024 regulations challenge the expanded definition of “sex” to include gender identity and sexual orientation. Michigan school officials should note that even if Michigan as a whole or an individual school is added to a list barring USDOE enforcement of the 2024 regulations, Michigan’s Elliott-Larsen Civil Rights Act still prohibits discrimination based on gender identity and sexual orientation. Whether the new Title IX regulations are in effect or not, Michigan schools may not discriminate based on gender identity or sexual orientation under state law. We recommend that schools adopt a policy that complies with the 2024 Title IX regulations effective August 1, 2024. Thrun Policy Service subscribers who receive annual updates have already received updated Policies 3115-3115H and the accompanying forms. Any other client who would like to purchase the policy package may use the attached order form.

We continue to recommend that schools plan to 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 upcoming training dates are: August 8, August 20, August 28, and September 10. Each training runs from 10:00 a.m. – 1:00 p.m.

To register for any of these training dates, please visit www.ThrunLaw.com/calendar/list.

All employees must receive basic training on identifying and reporting sex-based discrimination. We have developed a short training video schools can use to meet that requirement. Thrun Policy Service subscribers who receive annual updates received the training video this week at no extra cost. Any school that would like to purchase the video may use the attached order form.

 As litigation continues, we will provide timely updates to our clients. We appreciate your patience as we navigate this ever-changing legal landscape with you.