Arkansas Department of Education Division of Elementary and Secondary Education Title IX: New Rule and Guidance

Memo Information

Memo Number
COM-21-010
Memo Date
8/3/2020
Memo Type
Informational
Unit
Central Administration
Regulatory Authority
Title IX of the Education Amendments of 1972; 34 CFR Part 106
Response Required
NO
Attention
Superintendents; Assistant Superintendent; Principals; Equity Coordinators (Disability/Race/Gender/National Origin)

Primary Contact Information

Memo Reference

No references available.

Memo Text

The U.S. Department of Education recently released new Title IX requirements that will become effective Friday, August 14, 2020.  The Title IX Final Rule defines sexual harassment (including sexual assault, dating violence, domestic violence, and stalking) as unlawful sex discrimination, and requires supportive measures for every alleged victim. The U.S. Department of Education previously addressed sexual harassment through non-legally binding guidance documents, but has promulgated regulations that impose important legal obligations on public school districts and charter schools. 

To assist public school districts and charter schools in updating sexual harassment policies to comply with the new Final Rule, the Equity Assistance Center has developed the attached, “Title IX Sexual Harassment:  Getting Started Checklist.”  This non-exhaustive list should serve as a starting point for reviewing and updating policies.

The Arkansas School Board’s Association has provided revised model policies 3.26, 4.27, and 8.20, to reflect the new requirements. School districts and charter schools that do not adopt these policies should use the Checklist and seek guidance, if needed, to update local policies.

The following is a list of resources made available by the U.S. Department of Education regarding the new Title IX regulations:

1.    Title IX Final Rule Overview

https://www2.ed.gov/about/offices/list/ocr/docs/titleix-overview.pdf

2.    Title IX Summary of Major Provisions of the Department of Education’s Title IX Final Rule

https://www2.ed.gov/about/offices/list/ocr/docs/titleix-summary.pdf

3.    OCR Webinar:  Title IX Regulations Addressing Sexual Harassment                                                                    The webinar provides an overview of the new Title IX regulations and is recommended for Title IX Coordinators, Superintendents, and school administrators.

https://www.youtube.com/watch?v=TdfT5R8ibm4&feature=youtu.be


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