In April 2024, the U.S. Department of Education released revised regulations which support the implementation of Title IX, a federal law prohibiting sex discrimination in publicly funded educational programs and activities. Originally signed into law in 1972, Title IX sought to improve educational access and equity for women and girls. The 2024 revisions are the result of more than 240,000 comments received by the Education Department in response to the rules it proposed in 2022.

With these revised regulations, Title IX has been broadened to bolster existing protections against sex discrimination and sex-based harassment, clarify that prohibited discrimination and harassment extends to sex- and gender-related bases, ensure fairness in processing complaints, and require that Title IX grievance procedures are followed when investigating and resolving Title IX sex discrimination complaints, including sex-based harassment, based on conduct that occurred on or after Aug. 1, 2024. In anticipation of the Aug. 1, 2024, operative date, CSBA released a special update packet of sample policies. The following is a high-level look at the revised regulations and CSBA’s updates.

The revised regulations clarify that the prohibition against sex discrimination and sex-based harassment includes discrimination on the basis of sex stereotypes; sex characteristics; sexual orientation; gender identity; pregnancy, childbirth, termination of pregnancy or lactation, including related medical conditions or recovery; and parental, marital and family status.

When sex discrimination, including sex-based harassment, complaints arise, the revised regulations require resolution through fair, unbiased grievance procedures. When implementing Title IX grievance procedures, districts or county offices of education must treat complainants and respondents equitably, ensure that the investigator, decision-maker or Title IX coordinator do not have a conflict of interest or bias towards or against any party, and presume that the respondent is not responsible for the alleged actions until a final determination is made. Disciplinary action may not be imposed unless and until the proceedings conclude that a person’s conduct was discriminatory.

The revised regulations additionally expand the definition of “complainant” beyond students and employees to include any participant in an educational program or activity. Complaints may be made in writing or orally, so long as the complaint can be understood as a request for investigation of alleged sex-based harassment or discrimination. Once a determination has been made as to whether sex-based harassment or discrimination occurred, either the complainant or respondent may appeal the decision using the district or county office of education’s appeal procedures or file a complaint with the U.S. Department of Education’s Office for Civil Rights within 180 days.

The revised regulations broaden the definition of sexual harassment to a form of sex- based harassment. Sex-based harassment may occur in the form of conditioning a benefit or service on participation in unwelcome sexual conduct, sexual assault, dating violence, domestic violence or stalking, or sex-based hostile environment harassment.

The revised regulations further clarify the definition of hostile environment harassment. The previous standard required showing that “severe, pervasive, and objectively offensive” conduct created a “hostile environment,” thereby denying equal access to education. The revised standard requires unwelcome sex-based conduct that is “subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from” educational programs and activities.

Under the revised regulations, local educational agencies may not discriminate against employees or students on the basis of pregnancy, termination of pregnancy, lactation and family or marital status, and they must provide reasonable accommodations and time for recovery from pregnancy-related conditions and childbirth. The revised regulations additionally require LEAs to provide nursing employees and students a private space and time for lactation, which is already required by California law.

Title IX has prohibited discrimination on the basis of pregnancy since 1975, but the revised regulations require that LEAs provide specific accommodations to pregnant students. When notified of a student’s pregnancy, the Title IX coordinator is required to communicate to the student their right to nondiscrimination, the availability of individualized modifications and provide time off for medical recovery as needed.

The revised Title IX regulations affect several CSBA sample policies. District and county boards are encouraged to review the following items and consult CSBA’s District and County Office of Education Legal Services or other legal counsel to ensure compliance with these important revised regulations.

• BP 0410 – Nondiscrimination in District/County Office Programs and Activities
• BP/AR 1312.3 – Uniform Complaint Procedures
• BP/AR 4030 – Nondiscrimination in Employment
• BP 4033 – Lactation Accommodation
• BP/AR 4119.11/4219.11/4319.11 – Sex Discrimination and Sex-Based Harassment (Retitled)
• AR/E(1) 4119.12/4219.12/4319.12 – Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures (Retitled)
• BP/AR 5145.3 – Nondiscrimination/Harassment
• BP/AR 5145.7 – Sex Discrimination and Sex-Based Harassment (Retitled)
• AR/E(1) 5145.71 – Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures (Retitled)
• BP 5146 – Married/Pregnant/Parenting Students