In light of shifting federal guidance and heightened awareness of sexual harassment, school districts should be on high alert with respect to their internal Title IX policies, staff, and training.  Otherwise, they may face complaints with the Department of Education or litigation surrounding the incidents of alleged sex or gender discrimination, sexual harassment, or interpersonal violence.

Interested in learning more about the shifting Title IX landscape in K-12 public education? If you are a Husch Blackwell client or a member of the Council of Great City Schools, join us this Wednesday, November 29, at 2:30 Eastern Daylight Time for a complimentary continuing legal education webinar. Click here to register.

One of the topics that will be discussed is recent Title IX litigation involving school districts.  For instance, Whitaker By Whitaker v. Kenosha Unified Sch. Dist. No. 1 Bd. of Educ., 858 F.3d 1034 (7th Cir. 2017), involved a transgender high school student who sued a school district, claiming that the district’s refusal to allow him to use boys’ restrooms violated his rights under Title IX.  The Seventh Circuit held that a transgender plaintiff can state a claim under Title IX for sex discrimination on the basis of sex-stereotyping.  The Court found that the student demonstrated a likelihood for success on the merits of his Title IX claim and affirmed the denial of school district’s motion to dismiss.

We also will address in detail  the U.S. Department of Education’s Office for Civil Rights (“OCR’) September 22, 2017 Dear Colleague Letter and Q&A on Campus Sexual Misconduct, which withdrew the 2011 Dear Colleague Letter on Sexual Violence and the 2014 Q&A on Title IX and Sexual Violence issued by the Obama administration.  While the accompanying Q&A on Campus Sexual Misconduct restates OCR’s general view that Title IX requires school districts to respond to reported sexual misconduct, there are several substantial differences related to interim measures, investigation timelines, confidentiality, notice, standard of proof, and appeals. School districts should be cognizant of these changes when establishing, updating and implementing Title IX policies.

Photo of John W. Borkowski John W. Borkowski

Coming from a family of teachers, John knows that educators are dedicated to serving students and society. His lifelong passion for education underlies the insightful counsel he provides to colleges, universities and school districts.

Photo of Demetrius Peterson Demetrius Peterson

Demetrius concentrates his practice on serving educational institutions. He has significant experience advising higher education clients on complex issues relating to Title VI of the Civil Rights Act, Title IX of the Education Amendments, the Rehabilitation Act and the Age Discrimination Act, Title

Demetrius concentrates his practice on serving educational institutions. He has significant experience advising higher education clients on complex issues relating to Title VI of the Civil Rights Act, Title IX of the Education Amendments, the Rehabilitation Act and the Age Discrimination Act, Title II of the Americans with Disabilities Act (ADA) and their implementing regulations.

Photo of Aleks Ostojic Rushing Aleks Ostojic Rushing

As a licensed teacher, Aleks’ passion for education runs deep and is at the core of her work with clients. She knows that every client and every student requires a unique approach to optimize success. Aleks counsels K-12 and higher education clients on…

As a licensed teacher, Aleks’ passion for education runs deep and is at the core of her work with clients. She knows that every client and every student requires a unique approach to optimize success. Aleks counsels K-12 and higher education clients on investigations, litigation and compliance matters arising from a wide range of civil rights and educational funding issues. These include Title IX, Title IV, the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA) and the Family Educational Records Privacy Act (FERPA).