Understanding the 2024 Title IX Regulations: Implications and Impact of the New Title IX Revisions

New Title IX regulations will take effect August 1, 2024.  These new regulations put an enhanced focus on protecting against sex-based harassment and discrimination, promoting accountability and fairness, and empowering students and families. On Friday, April 19, 2024, the unofficial version of these regulations were made public.  While many parts of the current legislation remain in place, some notable changes include: expanding the definition of sexual harassment, extending protection to LGBTQ+ students and employees, and reinstating the single-investigator model for investigations. The regulations also address grievance procedures, retaliation protection, and parental rights.  Currently, there are no additions to Title IX specifically regarding transgender athletes’ participation in sports, however, there is ongoing discussion around this topic.  Overall, the revisions aim to strengthen protections against discrimination and harassment in federally funded educational programs.

It is imperative that districts take pause to update their Title IX policies and procedures to ensure they meet the new legislation requirements. This can be a heavy lift for administrators as this process not only requires amendments to policy, but also includes action steps of communication, staff training, and procedure updates.  Below are key changes to note as well as guidance to help with the revision process. 

Key Changes in Title IX Regulations Effective August 1, 2024

• Definition of Hostile Environment: Changed from "severe, pervasive, and objectively offensive" to unwelcome sex-based conduct that based on the totality of the circumstances is subjectively and objectively offensive and is "sufficiently severe or pervasive" that it limits or denies a person's ability to participate in or benefit from the recipient's education program or activity.

• Expanded Jurisdiction: Institutions are responsible for addressing conduct off-campus or outside the country if it is contributing to the hostile environment.

• LGBTQ+ and Pregnancy/Parenting Protection: Expanded definition of sex discrimination under Title IX to include sexual orientation, gender identity, and protection for pregnant or parenting students and employees.

• Single-Investigator Model: Reintroduction of the single-investigator model for investigations.

• Grievance Procedures: Revised grievance procedures including steps to protect privacy, credibility assessment, and evidence standards.

• Retaliation Protection: Schools must prohibit retaliation and respond to retaliation claims promptly.

• Parental Rights: Support for parental involvement and protection of student privacy.

• Ongoing Discussions: Further considerations regarding transgender athletes' participation in sports.

Action Steps for Educational Institutions

Educational institutions should take the following steps to ensure compliance with the new regulations:

• Review and Update Policies: Amend existing Title IX policies and procedures to ensure alignment with the revised regulations.

• Training: Provide updated training to Title IX personnel and relevant stakeholders ahead of the implementation date.

• Communication: Share information about the new regulations with the school community, including students, employees, and parents/guardians.

• Establish Title IX Stakeholder Team: Form a team comprising representatives linked to Title IX policy and process, as well as prevention and training teams.

• Policy Implementation Timeline: Develop a timeline for making necessary changes, including applicable levels of review and approval.

• Compliance Documentation: Ensure all policies, procedures, forms, and templates are updated to reflect the new regulations.

• Monitor Updates: Stay informed about ongoing discussions, especially regarding transgender athletes' participation in sports, and adjust policies accordingly.

Ensuring Compliance and a Safe Environment: Resources from the Department of Education and McGrath Training Solutions

To assist educational institutions in understanding and implementing these new Title IX regulations, the Department of Education has provided several documents to guide this work.  These helpful documents guide the creation of policies and procedures to ensure the new regulations are implemented with fidelity including: a fact sheet (5 pages), key provisions noting changes in the final rule (15 pages), and a resource for drafting policies and procedures (26 pages).  

In addition to revising district policy and procedures, practices need to be established.   McGrath Training Solutions offers a gamut of resources addressing the action steps noted above. Through implementing the McGrath Response System, schools can be assured they are in compliance with the most recent Title IX regulations and providing a safe learning and working environment for their students and staff.  Please contact info@mcgrathtraining.com for more information.

By taking these proactive steps, educational institutions can ensure they are prepared to comply with the 2024 Title IX regulations and provide a safe and inclusive environment for all students and employees.