On February 4, 2025, the U.S. Department of Education published a Dear Colleague Letter, (“Letter”)  explaining that it will enforce Title IX under the provisions of the 2020 Title IX Rule, rather than the 2024 Title IX Rule. The basis for the Letter is a January 9, 2025, U.S. District Court for the Eastern District of Kentucky decision that vacated the 2024 Title IX Rule nationwide. The judgment was immediately effective, and no portion of the 2024 Title IX Rule is now in effect in any jurisdiction.

Additionally, the Letter refers to President Trump’s January 20, 2025 Executive Order, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government. According to the Executive Order, all agencies and departments within the Executive Branch are to “enforce all sex-protective laws to promote [the] reality” that there are “two sexes, male and female…” and that, “the Executive Branch will enforce all sex-protective laws to promote this reality.”

The Letter indicates that the Department of Education must enforce Title IX consistent with President Trump’s Order, and a Press Release issued at the same time by the U.S. Department of Education states the department will return to enforcing Title IX protections on the basis of biological sex in schools and on campuses.  Districts should be aware that the current interpretation may subject districts to investigation and enforcement under Title IX should they receive a complaint in response to accommodations afforded transgender students.

What this means for districts is that existing investigations should be reviewed to assure the definitions used in the determination of discrimination and the basis for the investigation are consistent with the 2020 Title IX Rule.  Specifically, under the 2020 Rule:

·      Schools must address a complaint of sexual harassment if it is so “severe” and “pervasive” that it “effectively denies” a person equal access to a school program or activity.
§ 106.30(a).

·      Schools must address a complaint of sexual harassment if and only if the complainant was participating or trying to participate in school at the time of filing the complaint.
§ 106.30(a).

·      Schools may dismiss a complaint of sexual harassment at any time if the respondent is no longer a student or employee at the school. § 106.45(b)(3)(ii) 

·      K-12 schools must respond to alleged sexual harassment if any employee has actual knowledge of it.

·      Schools must offer supportive measures to all people who report sexual harassment, even if there is no investigation.

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What it means for training:

·      Title IX Coordinators, investigators, decision-makers, and a person facilitating an informal resolution process must be trained on the definition of sexual harassment, how to investigate, and the grievance process, including hearings, appeals, and informal resolution processes.

·      Decision-makers (K-12) must receive training on relevance of questions and evidence.

·      Investigators must receive training on issues of relevance

·      Materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, must not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints of sexual harassment;

·      Materials used to train must also be posted on the District’s website.

The reversion to the 2020 rules impose no new training requirement for personnel already trained, however, should new or existing personnel require 2020 Title IX training, it is available HERE. Should any questions or concerns arise, contact Leon | Alcala, PLLC for additional guidance regarding these matters.

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