In July 2024, CSBA released a special Title IX Policy Packet in response to revisions to the Title IX regulations promulgated under the Biden Administration, which went into effect on Aug. 1, 2024. These revised regulations replaced Title IX regulations that had been in effect since 2020.
However, on Jan. 9, 2025, following a legal challenge by 26 states, the Biden Administration’s revisions to the Title IX regulations were vacated nationwide by the United States District Court in Tennessee v. Cardona. The Trump Administration did not appeal that decision, and subsequently, the U.S. Department of Education clarified that its Office for Civil Rights (OCR) will enforce the 2020 Title IX Regulations.
At first blush, it may seem to be a simple solution for CSBA to just “go back” and republish its Title IX-related sample policies as they were written prior to the July 2024 special release. But, as is normal organizational practice, when CSBA updated its Title IX-related sample policies in July 2024, it incorporated other changes based on state law, federal law other than Title IX, and various state and federal guidance documents. Additionally, since the July 2024 release, there has been new legislation and guidance that impacts these same policies, as well as now outdated guidance that needs to be removed.
Some examples of new legislation and guidance since the July 2024 release include:
- Senate Bill 1137 (2024), which provides that prohibited discrimination includes discrimination not just because of one protected class under state law, but also because of the combination of two or more protected bases.
- Assembly Bill 3074 (2024), which (1) prohibits, beginning July 1, 2026, public schools from using any derogatory Native American term for school or athletic team names, mascots or nicknames without the written consent of a local federally recognized Indian tribe unless the school is operated by an Indian tribe or tribal organization, (2) permits using the term “Redskins” as a school or athletic team name, mascot or nickname for public schools operated by an Indian tribe or tribal organization, and (3) requires the use of the Uniform Complaint Procedures to resolve related complaints.
- SB 1100 (2024), which provides that it is an unlawful employment practice to include a statement in a job advertisement, posting, application or other material that an applicant is required to have a driver’s license, unless specified conditions are satisfied.
- SB 939 (2024), which requires districts/county offices of education (COEs) to ensure that resources related to neurodiversity developed by the University of California and California State University Collaborative for Neurodiversity and Learning are in a prominent location on the district’s/COE’s website in a manner that is easily accessible to parents/guardians and students.
- The California Attorney General’s “Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California’s K-12 Schools in Responding to Immigration Issues,” updated in December 2024.
- OCR’s Feb. 28, 2025, “Frequently Asked Questions About Racial Preferences and Stereotypes Under Title VI of the Civil Rights Act.”
CSBA is currently working on revising the following sample policies to ensure consistency with the 2020 Title IX rule, to incorporate recent legislation and guidance, and to delete outdated material:
- Board Policy 0410 – Nondiscrimination in District Programs and Activities
- BP/Administrative Regulation/Exhibit(1)/E(2) 1312.3 – Uniform Complaint Procedures
- BP/AR 4030 – Nondiscrimination in Employment
- BP 4033 – Lactation Accommodation
- BP/AR 4119.11/4219.11/4319.11 – Sexual Harassment
- AR/E(1) 4119.12/4219.12/4319.12 – Title IX Sexual Harassment Complaint Procedures
- BP/AR 5145.3 – Nondiscrimination/Harassment
- BP/AR 5145.7 – Sexual Harassment
- AR/E(1) 5145.71 – Title IX Sexual Harassment Complaint Procedures
- BP 5146 – Married/Pregnant/Parenting Students
CSBA is aware of and tracking the various legal challenges and related orders that could further impact these policies. In the meantime, it is recommended that districts/COEs monitor legal developments and consult with CSBA’s District and County Office of Education Legal Services or other legal counsel when considering and adopting these policies.