The U.S. Department of Education (“DOE”) has provided school districts, special education cooperatives, and colleges and universities with another task for their summer “to-do” lists. Following its year and a half of review of the 124,000 comments submitted in response to proposed regulations, the DOE released final amended Title IX implementing regulations on May 6, 2020. These final regulations are scheduled to take effect August 14, 2020 and will require all K-12 schools and institutions of higher education to take conforming action by the effective date. Our office recommends that school boards and administrators take the following actions prior to the regulations’ effective date: 1) review existing Title IX grievance procedures; 2) coordinate and ensure staffing for the receipt, investigation, grievance, and appeal processes in response to a complaint; 3) implement supportive measures and identify potential sanctions and remedies that will be used after a determination of responsibility; 4) update notices of Title IX non-discrimination requirements; and 5) train personnel. To read our full legal update, click here.
