As you prepare for implementing the 2024 Title IX regulations in your district/school by August 1, 2024, training will be a key part of that preparation. Below is a summary of the training requirements for employees and your Title IX team.
Importantly, the 2024 Title IX regulations require training for all employees related to their duties under Title IX promptly upon hiring, or change of position that alters their duties under Title IX, and annual training thereafter. 34 C.F.R. §106.8(d).
Training for All Employees
The 2024 Title IX regulations require that all employees be trained on the following topics:
- The district’s/school’s obligation to address sex discrimination in its education program or activity;
- The scope of conduct that constitutes Title IX sex discrimination, including the definition of sex-based harassment;
- The employee’s responsibility to notify the Title IX Coordinator when the employee has information about conduct that reasonably may constitute Title IX sex discrimination; and
- The employee’s responsibility when a student or the student’s parent/guardian informs the employee of the student’s pregnancy or related conditions, to promptly provide that person with the Title IX Coordinator’s contact information and inform that person of the Title IX Coordinator’s role.
Training for Title IX Team
Your Title IX team includes the district/school officials who serve in the Title IX roles: Title IX Coordinator, investigators, decisionmakers, informal resolution facilitators, any employee who is responsible for implementing the Title IX grievance procedures, and any employee who has the authority to modify or terminate supportive measures (new in the 2024 Title IX regulations).
Under the 2024 Title IX regulations, the decisionmaker may be the same person as the Title IX Coordinator or investigator, or different people may be assigned to those roles.
Investigators, Decisionmakers, Any Employee Who Is Responsible for Implementing the Title IX Grievance Procedures, and Any Employee Who Has the Authority to Modify or Terminate Supportive Measures
The district/school officials who will serve in these roles must complete the all-employee training above and training on the following topics:
- The district’s/school’s obligations in responding to Title IX sex discrimination under §106.44;
- The district’s/school’s grievance procedures pursuant to §106.45;
- How to perform Title IX role impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias; and
- Evidentiary issues (relevance; impermissible evidence) under the Title IX regulations.
Informal Resolution Facilitator
The district/school officials who will serve as an informal resolution facilitator must complete the all-employee training above and training on the following topics:
- Rules and practices associated with the district’s/school’s informal resolution process(es); and
- How to perform Title IX role impartially, including by avoiding conflicts of interest and bias.
Title IX Coordinator
The district/school official who will serve as the Title IX Coordinator (and any designee) must be trained on all of the above topics and training on the following topics:
- The responsibilities specific to the Title IX Coordinator (as expanded under the 2024 Title IX regulations);
- The district’s/school’s recordkeeping system and the Title IX recordkeeping requirements pursuant to §106.8(f);
- Any other training necessary to coordinate the district’s/school’s compliance with Title IX.
Additional Considerations for Title IX Training
For all of the above trainings, the training must not rely on sex stereotypes.
The 2024 Title IX Regulations do not require specific training for confidential employees. We recommend you discuss with your legal counsel whether your district/school will designate a confidential employee(s) under Title IX and, if so, any recommended training on the specific responsibilities under Title IX.
Finally, districts/schools must maintain all materials used to provide training for at least seven years. The materials must be made available to the public upon request. The training materials no longer have to be posted on the district’s/school’s website.
HLERK Title IX Training
We are currently scheduling trainings for districts/schools. Please contact Jennifer Rosenberg or any HLERK attorney to schedule your Title IX training, or if you have any questions about the 2024 Title IX regulations.
