South and southwest suburban school districts are aligning their Title IX policies with new federal guidance released earlier this year, removing protections for transgender students, among other provisions.
Orland High School District 230 and Bremen High School District 228 are among districts statewide that received suggested Title IX policy revisions from the Illinois Association of School Boards’ Policy Reference Education Subscription Service in April, aiming to bring schools in compliance with federal law and best practices, said Jennifer Waterman, a District 230 spokesperson.
The Title IX revisions revert the policy back to its 2020 version, which removes protections for students facing sex discrimination, meaning students facing discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation and/or gender identity, as defined in the 2024 policy, are no longer protected.
About 99% of all school districts statewide are subscribed to the Illinois Association of School Boards service, which provides sample policy material for boards to customize on their own, said Jeremy Duffy, deputy executive director and general counsel. Subscribed districts no longer have access to a policy that reflects the changes to Title IX from the August 2024 update, Duffy said.
Districts 230 and 228, along with 70% of school districts statewide, are also subscribed to an extended version of this service, PRESS plus, which presents updates specific to the customized policies for the board to review.
The District 230 board approved the new language June 10, and District 228 board approved it July 15. Both districts said in separate statements they are complying with federal law, based on legal counsel.
“Our district complies with all federal and state mandates, including Title IX, and regularly reviews policies to ensure they meet current requirements while supporting a safe, inclusive environment,” said Yasmeen Sheikah, a District 228 spokesperson.
Waterman said District 230 works with a service that includes legal counsel, the Illinois Association of School Boards staff and other educational law experts to review district policies and provide guidance on “adopting policies that are updated and legally affirmed.”
Under 2024 Title IX policy, initiated by the Biden administration, students were protected from a district employee, agent or student denying their participation in education programs and activities by the district on the basis of sex.
While this previous Title IX policy included language prohibiting sexual harassment, the newest policy adds language on the issue, replacing discrimination protections with safeguards against sexual harassment.
Schools districts are required under new policy to respond to this harassment at locations, events or circumstances where the district has substantial control, according to the policy.
When reporting Title IX violations, individuals could allege sex discrimination with an oral or written request under previous 2024 policy, but the new language requires them to file a document before a Title IX sexual harassment complaint can be formally filed.
After the report is received, the Title IX coordinator is required to review a list of board policies, which under the new policy do not include sections titled “Equal Employment Opportunity and Minority Recruitment” and “Equal Educational Opportunities,” to determine if the allegations in the report require more action.
The new policy also requires districts to provide “age-appropriate education” on sexual abuse prevention for pre-kindergarten through grade 12 classes, teen dating violence for grades 7-12, along with other social and emotional learning curriculum. Staff are also required to receive related training, as recommended by administrators.
Punitive measures in the new policy apply to any person who retaliates against others for reporting or complaining of violations of this policy. Employees could be discharged and students could be suspended or expelled, according to the policy.
School boards are not required to adopt association policies and have the discretion to review, modify and approve them, often in conjunction with the recommendations of their legal counsel, Duffy said.
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Recent Title IX changes resulted from a February statement from the federal Department of Education saying it would enforce Title IX according to the January ruling from the U.S. District Court for the Eastern District of Kentucky, which vacated the entirety of the 2024 Title IX Rule nationwide. This rule included the protections against sex discrimination.
In the February statement, the Education Department also said it would enforce Title IX according to Trump’s executive order that required departments to “enforce all sex-protective laws to promote (the) reality” that there are “two sexes, male and female,” and also asserting that these “sexes are not changeable and are grounded in fundamental and incontrovertible reality.”
In light of these changes, the Education Department also ordered investigations initiated under the 2024 rules be immediately reevaluated to ensure consistency with the requirements of the 2020 rules.
Illinois Attorney General Kwame Raoul submitted a court statement in May supporting protections in Title IX on the basis of sex and opposing the reversal to 2020 policy. The amicus brief was submitted in the U.S. District Court for the Eastern District of Kentucky with a coalition of other states.
“All students should be protected from harassment and discrimination in the classroom,” Raoul said in a May statement. “Efforts to limit Title IX are shortsighted and discriminatory and would have a negative effect on the well-being of youth. I will continue to stand with my fellow attorneys general to protect students in Illinois and around the country by defending Title IX.”
A middle school in Deerfield is under investigation for violating Title IX policy from the Justice Department after a parent filed a civil rights complaint and went on Fox News regarding a transgender student using the girls locker room. Such violations can result in a loss of federal funding.