The Changing OCR Title IX Enforcement Landscape 

On April 17, 2026, the U.S. Department of Education issued a press release finding four Kansas school districts violated federal education laws based on their policies relating to transgender students. This investigation is the latest in a series of investigations and press releases signaling a shift in how the Office for Civil Rights investigates, announces findings and seeks compliance.

A Clear, All‑in‑One Title IX Procedure for K–12 Schools

If you’ve ever tried to follow Title IX requirements using only your district’s policy manual, you know it can feel like assembling a puzzle without all the pieces. Many school district policies say something along the lines of: “The Superintendent will develop procedures that meet all the requirements of the federal regulations,” such as reasonably prompt time frames, required notices, terms “as defined by law,” equitable investigation procedures, appeal grounds, etc. That’s fine in theory — but in practice, it often means the policy itself doesn’t actually include the timelines, definitions, or required steps the Title IX regulations demand. 

Unless your district has a comprehensive and compliant set of procedures, staff end up hunting through multiple policies, administrative regulations, and old training materials, trying to figure out what to do next. Meanwhile, parents are left trying to interpret a process that isn’t clearly explained anywhere in one place. 

To help districts avoid that struggle, we created a single, comprehensive, and customizable Title IX procedure that includes all the required pieces, right in one document. 

ED Requires States to Certify That K12 Schools Are Not Using “DEI” to Discriminate: What it Means for Schools

Last Thursday, the Department of Education sent a letter to state K12 commissioners of education requiring that they certify compliance with Title VI by April 13, 2025, in order to continue receiving federal funds. What it says—and what it does not—has significant implications for K12 school districts across the country. 

OCR’s Latest Dear Colleague Letter: What’s Next for Civil Rights Compliance in Schools

On February 14, 2025, the Office for Civil Rights issued a Dear Colleague Letter (DCL) regarding the nondiscrimination obligations of schools receiving federal financial assistance from the U.S. Department of Education (ED)—and set a deadline of February 28, 2025 for schools to comply with OCR’s new interpretation of schools’ obligations under Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the 14th Amendment to the U.S. Constitution. The DCL came in the wake of the President’s January 20 and 21, 2025 Executive Orders, which declared “diversity, equity, and inclusion” initiatives to be a form of racial discrimination, and which called out higher education institutions for using “race and sex-based preferences under the guise of” DEI.  While a federal district court in Maryland recently paused three challenged provisions of the executive orders, the pause does not directly implicate the DCL. Accordingly, schools should take note of OCR’s interpretation as well as other legal authority impacting the implementation of DEI practices.

Does Title IX Apply to Gender Disparity in NIL Compensation?

By Matthew A. Reed, Counsel, Thompson & Horton

Amateurism in intercollegiate athletics is dying. A combination of state legislation and federal court orders has resulted in a largely unregulated “Wild West” environment in which college athletes have gained an unprecedented ability to capitalize on their status by receiving payments for use of their names, images, and likenesses (“NIL”). Not surprisingly, most NIL payments seem to be flowing to men. What responsibility do educational institutions have to ensure gender equity in NIL payments to athletes in their sports programs?