9 Things to Know About the 2024 Title IX Regulations

Since the spring of last year, educational administrators have been asking us this question: What do the new federal regulations surrounding Title IX—released in April and effective Aug. 1, 2024, in many places—mean for me as an educational leader?

Knowing the impact of the new regulations is important to ensure that your school protects the civil rights of the school community. What follows are some helpful takeaways—nine, to be exact—that might help your school carry out Title IX’s intent: preventing discrimination.

Title IX’s Intent and Title IX Today

Recall Title IX’s original purpose: to ensure that every student has equal access to educational opportunity by ensuring that educational programs and activities are free from sex discrimination in schools that receive federal funds.

The 2024 Title IX regulations have been met with resistance in the current political and social climate; several states are suing the federal government over the regulations. Consequently, federal courts have enjoined (temporarily stopped) enforcement of the 2024 regulations in more than half of the states and some schools while the litigation unfolds. Much of the controversy revolves around Title IX definitions of “sex” to include sexual orientation and gender identity. How courts ultimately rule on these issues remains to be seen.

Importantly, even where 2024 Title IX regulations are enjoined, 2020 regulations remain applicable. Consult with your central office or legal counsel to determine whether your school district is subject to 2024 provisions or—because it is in one of the states or is one of the schools enjoined—remains subject to the 2020 regulations. You will always want to know what you are supposed to be doing under Title IX. Here are nine things to keep in mind:

1. Effective Aug. 1, 2024

Portions of the 2024 Title IX regulations that govern responses to specific instances of sex discrimination and sex-based harassment apply only to incidents that allegedly occurred on or after Aug. 1, 2024. Earlier incidents are governed by Title IX regulations in place at the time the misconduct allegedly occurred.

2. Definitions Change for Harassment

The 2020 Title IX regulations refer to “sexual harassment,” but the 2024 Title IX regulations contemplate “sex-based harassment” and “sex discrimination,” and different definitions are included in the 2024 Title IX regulations for quid pro quo harassment and hostile environment harassment. Quid pro quo harassment has expanded to include nonemployees who exercise authority, which is broader in scope than the 2020 Title IX regulations.

“Hostile environment” harassment under the 2020 Title IX regulations required that the conduct be “so severe, pervasive, and objectively offensive that it effectively denies equal access to an education program/activity.” Under 2024 Title IX regulations, hostile environment harassment is unwelcome sex-based conduct that is both 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 the activity.” School leaders might soon be informed of incidents that would not otherwise have been covered that meet the revised definitions of hostile environment harassment and quid pro quo harassment.

3. Policy, Procedures Updated

Title IX regulations set requirements for school districts governing the appointment of a Title IX coordinator, publication of district policies, and grievance procedures. If you have multiple Title IX coordinators, it must be clear which one has oversight over your school.

Additionally, a school district must adopt, publish, and implement a nondiscrimination policy and grievance procedures that provide for the prompt and equitable resolution of complaints alleging any action prohibited by Title IX. Finally, notice of the nondiscrimination policy must be provided to members of your school community. Work with your district’s central office and/or legal counsel to ensure that your materials are up to date and published in the appropriate documents or websites for community members to review.

4. New Training Requirements

The 2024 Title IX regulations require that all Title IX team members be trained initially and annually on their respective roles and duties in the Title IX process. These employees must be trained upon hiring and annually
on prohibited conduct and mandatory reporting and information-​sharing requirements.

Informal resolution facilitators must be trained on the rules and practices of the institution’s informal resolution process and trained on how to serve impartially, including avoiding conflicts of interest and bias. In addition to ensuring employees have received appropriate training based on their roles, you will want to be sure that any new employees receive training upon hire throughout the year.

5. Pregnancy and Related Conditions

The 2024 Title IX regulations specifically outline that discrimination and harassment based on pregnancy and related conditions is sex discrimination and sex-based harassment. Districts have a duty to provide certain accommodations to persons including students and employees with pregnancy and related conditions.

If a student informs a school employee of their pregnancy or related condition, the employee must promptly provide the student with the Title IX coordinator’s contact information and inform the student of the Title IX coordinator’s ability to prevent sex discrimination and ensure equal access. Additionally, you will want to ensure that your school provides access to a clean, private space other than a bathroom for expressing breast milk and/or breastfeeding.

6. An Informal Resolution Process

The 2024 Title IX regulations provide for, but do not require, informal resolution as an alternative process to the grievance procedure for resolving complaints of sex discrimination or sex-based harassment. Informal resolution is permitted unless the accusation is that an employee engaged in sex-based harassment of a K–12 student or informal resolution would conflict with federal, state, or local law.

The 2020 Title IX regulations required a formal complaint to be filed to initiate the informal resolution process, but the 2024 regulations eliminated the concept of formal complaints and instead require only a report of sex discrimination or sex-based harassment to initiate the informal resolution process. Consider whether informal resolution is appropriate as part of your process by weighing the benefits and drawbacks of allowing (or not allowing) the alternative process in grievance procedures.

7. Appeal of Supportive Measures

Supportive measures are provided to an involved party (complainant or respondent) to ensure that the person has access to educational programs during the grievance or informal resolution process. Supportive measures might include extensions for assignments and counseling.

Supportive measures can’t be used for punitive or disciplinary reasons (e.g., an expulsion) and must be offered without fee or charge during the grievance process or informal resolution. The 2024 Title IX regulations now require the designation of a supportive measures appeal officer to analyze appeals from parties related to supportive measures decisions.

8. Gender Identity Is a Protected Category

The 2024 Title IX regulations specifically define “sex” to include gender identity and sexual orientation, something that the 2020 regulations did not. The new regulations provide that a policy or practice that prevents a person from participating consistent with the person’s gender identity subjects a person to more than de minimis harm and is discriminatory unless the separation is specifically permitted by Title IX. The regulations do not speak to participation in athletic teams, but the Department of Education has indicated it will issue regulations on that topic this year.

Whatever version of Title IX you must observe, how you address gender identity harassment and discrimination issues involving a member of the school community is a complicated issue where state and federal laws might intersect. Consult counsel to understand the nuances of evaluating, investigating, and rendering decisions in this area.

9. Prohibitions Regarding Retaliation

Unlike the 2020 guidance, 2024 Title IX regulations specify how a school must prohibit retaliation, including peer retaliation. They define retaliation as:

Intimidation, threats, coercion, or discrimination against any person by the recipient, a student, or an employee or other person authorized by the recipient to provide aid, benefit, or service under the recipient’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX or the Title IX regulations, or because the person has reported information, made a complaint, testified, assisted, participated, or refused to participate in any manner in an investigation, proceeding, or hearing under the Title IX regulations.

It is important to note that these protections are expansive and that the Department of Education has broadened the scope of what constitutes retaliation since 2020. Finally, it’s worth noting that retaliation requires a subjective state of mind of the respondent. Emphasize to your staff that Title IX does not just include protections against discrimination but also protections against retaliation.

Every year, school leaders are charged with ensuring compliance with state and federal laws that change often due to legislative or regulatory action. This is no easy task, and that’s why staying on top of laws prohibiting discrimination, such as Title IX, is critical.

Mark Paige is chair and professor of Public Policy and Education Law at University of Massachusetts Dartmouth. He is a former school law attorney and member of the Education Law Association.

Aleks Rushing is a partner and education attorney at Husch Blackwell LLP, where she counsels schools on investigations, litigation, and compliance matters stemming from a range of harassment, discrimination, and safety issues, including Title IX.