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


ATTENTION!

PLEASE READ THE FOLLOWING BEFORE
REGISTERING FOR THE TRAINING:

The Department of Education (“the Department”) has stated the following, “As of September 13, 2024, pursuant to Federal court orders, the Department is currently enjoined from enforcing the 2024 Final Rule in the states of Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming; the Department is also currently enjoined from enforcing the 2024 Final Rule at the schools on the list located https://www.ed.gov/media/document/list-of-schools-enjoined-2024-t9-rule.pdf. Per Court order, this list of schools may be supplemented in the future. The Final Rule and these resources do not currently apply in those states and schools. Pending further court orders, the Department’s Title IX Regulations, as amended in 2020 (2020 Title IX Final Rule) remain in effect in those states and schools."(Emphasis added.) On July 26, July 31, August 28, September 13, November 12, and November 25, 2024 the plaintiffs submitted a supplemental list of schools that the Department of Education is currently enjoined from enforcing the 2024 Final Rule in. Please note, that this list of schools may be supplemented at subsequent times after this.

Due to the foregoing, WASB staff attorneys recommend that school districts contact their own local legal counsel to determine which training requirements are in effect in their school district. The options for trainings are below:

  • 2024 Title IX Regulations (Content Covering the Regulations EFFECTIVE ON OR AFTER August 1, 2024)
  • 2020 Title IX Regulations (Content Covering the Regulations EFFECTIVE BEFORE August 1, 2024)
  • Hybrid (Content Covering the 2020 and 2024 Title IX Regulations)

For example, if a complaint is filed regarding an incident that may constitute sex discrimination that occurred prior to August 1, 2024, the 2020 training requirements are the applicable training requirements that should be fulfilled for all districts. If a complaint is filed regarding an incident that may constitute sex discrimination that occurred on or after August 1, 2024, the 2024 training requirements are the applicable training requirements that should be fulfilled for a school district or specific school that is not affected by the court decision referenced above. In certain circumstances a school district or a specific school within a district may need to complete both training courses and fulfill both training requirements (i.e., the 2020 and 2024 training).

If districts are unsure what trainings they should complete: WASB staff attorneys and Boardman & Clark recommend that school districts contact their local legal counsel to determine if their local school district should implement the training requirements, policy requirements and administrative rule requirements set forth in the Department’s 2024 Regulations or if the Department’s Title IX Regulations, as amended in 2020 (2020 Title IX Final Rule) remain in effect in their local school district in full or if the local school district has to complete the trainings under both the Department’s 2020 and the 2024 regulations.

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

UPDATES REGARDING LITIGATION

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.

Due to the foregoing, WASB staff attorneys and Boardman & Clark recommend that school districts contact their local legal counsel to determine if their local school district should implement the training requirements, policy requirements and administrative rule requirements set forth in the above mentioned newly promulgated Final Rule pertaining to Title IX that was adopted by the Department of Education.

WASB staff attorneys and Boardman & Clark are monitoring this situation and will provide updates as they become available.

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.

Contact the WASB with any questions or for assistance.

2024 Training Module Content

The 2024 training includes access to the following modules:

I. All School District Employee Training

  • Module 1: Comprehensive Overview of the 2024 Title IX Regulations for All School District Employees
    • This module is just under 50 minutes. School districts may customize the materials with information from their own policies and procedures, if desired.

Specialized Modules

II. Coordinator Training

  • Module 2, Part 1
    • This module covers the designation of the Title IX coordinator, response to the notification of conduct, response to the notification of complaint and informal resolution.
  • Module 2, Part 2
    • This module covers grievance procedures (notice, dismissal, investigation and determination), pregnancy or related conditions, education programs and activities. This module also includes a “Check for Understanding” segment, in which the presenters explore a few scenarios to provide further context of the key terms and concepts.

III. Investigator and Decision-Maker Training

  • Module 3, Part 1
    • This module covers the assignment of roles and responsibilities, notice and dismissal, investigation and determination, the investigation process under Title IX and selecting an investigator.
  • Module 3, Part 2
    • This module covers the investigation, informal Resolution, is the investigator the same person as the decision-maker and selecting a decision-maker on Responsibility. This module also includes a “Check for Understanding” segment, in which the presenters explore a few scenarios to provide further context of the key terms and concepts.
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:

For $395, districts can purchase a year-long subscription (July 1-June 30) to the training required to satisfy the federal requirements under Title IX.

Every purchase of a training package includes:

  • The opportunity to access the webinars and training materials for each module.
  • Access to both the 2020 and 2024 Title IX Trainings.*
  • Under the 2024 Title IX Regulations (Content Covering the Regulations EFFECTIVE ON OR AFTER August 1, 2024) each subscription also includes mandatory training for all district employees at no extra cost and offers access for an unlimited number of employees to that module.
  • The modules under the 2020 Title IX Regulations (Content Covering the Regulations EFFECTIVE BEFORE August 1, 2024) give permission to post the training materials on the district’s website (the Title IX regulations EFFECTIVE BEFORE August 1, 2024 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. )
  • The WASB and Boardman & Clark will be adding supplemental materials to the trainings, including a Q&A webinar that will offer districts the opportunity to ask specific questions.
  • 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:

  • 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, contact Accountant Jessica Woodburn via email 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.