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Title IX Training: Meeting the Mandates of the Title IX Regulations


ATTENTION!

PLEASE READ THE FOLLOWING BEFORE
REGISTERING OR TAKING THE TRAINING:

On January 31, 2025, (revised February 4, 2025), the Department of Education released a “Dear Colleague” letter, " to clarify that, effective immediately, the United States Department of Education’s (ED) Office for Civil Rights (OCR) will enforce Title IX under the provisions of the 2020 Title IX Rule, rather than the recently invalidated 2024 Title IX Rule." (emphasis added.) Also note, "[a]ccordingly, open Title IX investigations initiated under the 2024 Title IX Rule should be immediately reevaluated to ensure consistency with the requirements of the 2020 Title IX Rule and the preexisting regulations at 34 C.F.R. 106 et seq." Please view the full letter here and the now applicable 2020 Title IX Department of Education Resources.

On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky issued a decision ordering what is called a “vacatur” of the 2024 Title IX regulations in their entirety. Please see Tennessee v. Cardona, 2:24-cv-00072-DCR. According to the court’s decision, “Vacatur operates on the rule itself and prevents the rule’s ‘application to all who would otherwise be subject to its operation.’” Id. (quoting other cases) . Assuming this decision becomes final and is not modified, stayed, or appealed, it appears that the decision would vacate the 2024 Title IX regulations on a nationwide basis, including in Wisconsin. If that happens, school districts’ Title IX policies, procedures, and training obligations would all be significantly affected.

The Department of Education (“the Department”) has stated the following, "On January 9, 2025, a federal district court issued a decision vacating the 2024 Final Rule. Consistent with the court’s order, the 2024 Title IX regulations and these resources are not effective in any jurisdiction.

WASB staff attorneys are in the process of evaluating the January 9, 2025, decision and monitoring any communications from the U.S. Department of Education. We will provide further updates as they become available.

School districts that are processing existing Title IX complaints or that receive any new Title IX complaints in the near future should contact their legal counsel for advice on the best way to process the complaints in light of the January 9, 2025, court decision from Kentucky.

For questions feel free to contact one of the WASB attorneys.

 

Litigation Challenging the Validity of the 2024 Title IX Regulations preceding January 09, 2025 decision (updated 01/31/25)

 

The U.S. Department of Education’s 2024 amendments to the Title IX regulations took effect on August 1, 2024. However, the status of the 2024 regulations depends on the evolving status (and eventual outcome) of pending litigation over the 2024 amendments. The following information is a brief history of the ongoing litigation. For the latest information and the most up to date information related to the January 9, 2025 decision please see the paragraph above. Please note that the following information may become irrelevant as the case evolves.

      • On July 2, 2024, a federal district court judge in the federal district court for the State of Kansas issued an order that enjoined “the U.S. Department of Education and all their respective officers, agents, employees, attorneys, and persons acting in concert or participation with…them from implementing, enacting, enforcing, or taking any action to enforce the Final Rule promulgated by the Department of Education titled “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance” and published in the Federal Register at 89 Fed. Reg. 33,474, set to become effective on August 1, 2024, against Kansas, Alaska, Utah, Wyoming, K.R.’s school, the schools attended by the members of Young America’s Foundation or Female Athletes United, as well as the schools attended by the children of the members of Moms for Liberty. Plaintiff Organizations are directed to file a notice in the record identifying the schools which their members or their members’ children, as applicable, attend on or before July 15, 2024.” (Emphasis added). State of Kansas vs. U.S. Department of Education et al, Case No. 24-4041-JWB, July 2024.
      • On July 19, 2024, the federal district court judge in the federal district court for the State of Kansas clarified his prior order described above by stating that “Defendants are enjoined from enforcing the Final Rule against Kansas, Alaska, Utah, Wyoming, K.R.’s school, the schools attended by the current and prospective members of Young America’s Foundation or Female Athletes United, as well as the schools attended by the children of the current and prospective members of Moms for Liberty. As a result of the ruling herein, Moms for Liberty is granted until July 26, 2024, to file a notice of schools attended by its members’ children.” (Emphasis added). State of Kansas vs. U.S. Department of Education et al, Case No. 24-4041-JWB, July 2024.
      • As of July 26, 2024, pursuant to federal court orders, the Department of Education is currently enjoined from enforcing the 2024 Final Rule in the following schools listed here. Please note, that this list of schools may be supplemented at subsequent times after July 26.
      • As of July 31, 2024, the plaintiffs submitted a supplemental list of schools that the Department of Education is currently enjoined from enforcing the 2024 Final Rule in. The list of additional schools may be viewed here. Please note, that this list of schools may be supplemented at subsequent times after July 31. 
      • As of Sept. 13, 2024, the plaintiffs submitted a list of corrections to the July 15, July 26, and July 31 lists of schools that the Department of Education is currently enjoined from enforcing the 2024 Final Rule in. The submitted list of schools may be viewed here. Please note, that this list of schools may be supplemented at subsequent times after Sept. 13.
      • As of Nov. 12, 2024, the plaintiffs submitted a supplemental list to the July 15, July 26, July 31, and Sept. 13th lists of schools that the Department of Education is currently enjoined from enforcing the 2024 Final Rule in. The submitted list of schools may be viewed here. Please note, that this list of schools may be supplemented at subsequent times after Nov. 12th.
      • As of Nov. 25, 2024, the plaintiffs submitted a supplemental list to the July 15, July 26, July 31, Sept. 13th, and Nov.12th lists of schools that the Department of Education is currently enjoined from enforcing the 2024 Final Rule in. The submitted list of schools may be viewed here. Please note, that this list of schools may be supplemented at subsequent times after Nov. 25th.
      • On  January 31, 2025, the Department of Education released a “Dear Colleague” letter, ” to clarify that, effective immediately, the United States Department of Education’s (ED) Office for Civil Rights (OCR) will enforce Title IX under the provisions of the 2020 Title IX Rule, rather than the recently invalidated 2024 Title IX Rule.” (emphasis added.) Please view the full letter here and the now applicable 2020 Title IX Department of Education Resources. This letter also references Tennessee v. Cardona, in which the U.S. District Court for the Eastern District of Kentucky issued a decision ordering what is called a “vacatur” of the 2024 Title IX regulations in their entirety. Please see Tennessee v. Cardona, 2:24-cv-00072-DCR.

WASB staff attorneys and Boardman & Clark recommend that school districts contact their local legal counsel to discuss how the foregoing and the January 9, 2025 decision affects district training requirements, policy requirements, and administrative rule requirements set forth in the above mentioned Final Rule pertaining to Title IX that was adopted by the Department of Education.

 

 

The WASB staff worked with the law firm of Boardman & Clark to provide these training modules. The modules cover training mandates and include webinars and training materials that school districts can purchase to satisfy the federal requirements.

Consistent with the Department of Education’s statement, the WASB 2024 Title IX trainings are no longer live or in effect.

Contact the WASB with any questions or for assistance.

2020 Training Module Content

The 2020 training includes access to the following modules:

I. A Comprehensive Overview of the 2020 Title IX Regulations for School District Title IX Coordinators

  • Module 1, Part 1
    • This part covers the role and primary responsibilities of the Title IX coordinator, the difference between a “grievance procedure” and “grievance process,” the Title IX definition of sexual harassment, the nature of a school district’s Title IX obligations to respond to reports and other “actual knowledge” of sexual harassment, the scope of a school district’s education program and activities, and an overview of the grievance process for formal complaints of Title IX sexual harassment. 
  • Module 1, Part 2
    •  This part provides an introduction to investigations, decision-making and appeals, as well as other important topics such as the Title IX regulatory requirements related to notices, confidentiality, non-retaliation and record-keeping. 
  • Optional Supplement to Module 1

II. Training for Investigators and Decision-Makers in the Title IX Grievance Process

  • Module 2, Part 1
    • This part provides an overview of the Title IX regulations related to Title IX sexual harassment, including the definition of sexual harassment, the scope of the district’s education program or activity, the district’s obligation to respond to notice of sexual harassment and the initial steps of the grievance process for a district when a formal complaint is filed.
  • Module 2, Part 2
    • Part 2 focuses on the investigation stage of a formal complaint of Title IX sexual harassment, from the point of choosing an investigator though completing the investigative report and handing the complaint record off to the decision-maker.
  • Module 2, Part 3
    • This section provides training on responsibility decision-making and appeal decision-making within the grievance process related to a formal complaint of Title IX sexual harassment, including understanding the overall decision-making process, serving impartially during any decision-making process, addressing issues of relevance of questions and evidence, drafting a written determination, imposing sanctions or remedies related to any written determination, record-keeping and reviewing restrictions on confidentiality and retaliation.

III. Facilitating an Informal Resolution to a Formal Complaint of Sexual Harassment Under Title IX

  • Module 3, Part 1
    • This is a recorded, condensed introduction that repeats critical background content from earlier modules. Part 1 is required only for individuals who have not completed either Module 1 or Module 2.
  • Module 3, Part 2
    • This module covers the substantive and procedural aspects of offering opportunities for parties to informally resolve a formal complaint of Title IX sexual harassment.

IV. What All School Employees Need to Know about Sexual Harassment Under the 2020 Title IX Regulations

  • The “all staff” module consists of materials that can be covered at varying levels of detail, with the shortest version taking about 30 minutes.

V. What All Supervisors, Principals, and Other Administrators Need to Know About Sexual Harassment Under the 2020 Title IX Regulations 

  • This module is intended to convey significant information about the 2020 Title IX regulations to those administrators and administrators who do not have a direct, designated Title IX role.
To purchase the Title IX Training for your district:

WASB members and non-members can purchase a year-long subscription (July 1-June 30) to the training required to satisfy the federal requirements under Title IX.

  • WASB Members: $395 (Please follow the steps below to subscribe.)

Every purchase of a training package includes:

  • The opportunity to access the webinars and training materials for each module.
  • Access to the 2020 Title IX Trainings.
  • The modules under the 2020 Title IX Regulations give permission to post the training materials on the district’s website (the 2020 Title IX regulations include a mandate that requires school districts to make all materials used to provide training available upon request for inspection by members of the public.)
  • Note: The WASB is no longer offering “Certificates of Completion” for individuals who complete the mandatory module(s) that apply to their designated Title IX role(s).

Attention: Title IX Training is complimentary for WASB Policy Resource Guide subscribers. Contact Director of Member Services Ben Niehaus to learn more.

How to subscribe:

  • WASB members, log in to the WASB website and click on “My Portal” in the upper right corner.
  • On your district’s portal page, click the “Subscriptions” menu option under “Online Store.”
  • Under “Memberships and Publications,” click “Title IX $395/Annual.”
  • Click “Add Registration to Cart” (do not choose a contact from the drop-down menu).
  • Under “Select your payment type,” enter your purchase order number, select “Bill Me Later” or enter your credit card information, then click the green button.

(Note: The previous steps are intended for the person who has access to and is authorized to make purchases for the district. This is typically the district administrator, business official and/or district administrative assistant.)


If you have questions about pricing or purchasing, please contact WASB Accountant Jessica Woodburn at jwoodburn@wasb.org or 608-512-1704. For questions about how the substantive content of the different modules is intended to be used, feel free to contact one of the WASB attorneys.

Follow-up steps after purchasing Title IX Training:

After purchasing a Title IX subscription, you will need to assign users before accessing the content.

  1. Once purchased, an initial order confirmation email is sent to the primary and billing contacts.
  2. An additional email is sent to the primary contact with instructions to designate a staff member to manage role-based users, such as Title IX coordinators, investigators and decision-makers. Role-based users will have access to the Title IX content on our website.
  3. Once the manager of role-based users logs into the WASB Portal, they will be granted a subscription to the Title IX Training.
  4. The manager of role-based users will receive a link to the Title IX User List in the portal. They can add and remove users from this list to determine which district staff members can access the Title IX content.

If you have any questions or issues assigning Title IX role-based users for your organization, contact Member Services.

IMPORTANT NOTICES:

  • The Title IX training materials do not include individualized local school district Title IX policies or procedures or customized training on local policies/procedures.
  • To be most effective, districts should provide individualized training on the district’s Title IX policies and procedures. To this end, districts may elect to contact Boardman & Clark or the WASB to assist with such localized, policy-based training.
  • *WASB staff attorneys and Boardman & Clark recommend that school districts contact their local legal counsel to determine which training requirements, policy requirements and administrative rule requirements districts should adopt.

The Title IX training materials, including the comments of all webinar speakers who present the materials, do not constitute legal advice and should not be relied upon or used as legal advice. The materials will present information and commentary to facilitate a general understanding of the topics that are addressed but are not necessarily an exhaustive treatment of any legal or policy issues. If a school district requires legal advice regarding any topic, issue, situation or incident, the advice should be obtained from the school district’s designated legal counsel. This presentation includes citations with emphasis added to aid comprehension.