The Department of Education recently issued a Dear Colleague letter reminding public K12 schools of their responsibilities under Title IX to respond to reports of sexual harassment and abuse of students by staff members. Effectively addressing reports of student-on-student and staff-on-student sexual harassment is a critically important function.

In a Title IX dispute, the parties are entitled to be supported by advisors of their choice throughout the grievance process. Additionally, in the higher education setting, if a party does not have their own advisor, the institution is required to provide an advisor for the purpose of conducting cross-examination. Are the advisors supporting parties at your school effectively helping their advisees through the process? Are they conducting effective cross-examination to help the decisionmaker understand the evidence supporting disputed facts? Or are they interrupting and delaying proceedings and making it harder for your Title IX team to do their job? 

Reviewing your Title IX sexual harassment policy, procedures, and forms on a regular basis is always a good idea. You may want to make changes to be more user-friendly, clarify ambiguities, and respond to difficulties encountered with the current policy. This year, as we head back to school, there is also one required change: the definition of sexual assault.

Last week, the Department of Education’s Student Privacy Policy Office (SPPO) issued a Dear Colleague Letter to Chief State School Officers and Superintendents that requires certification of compliance with the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA) by April 30, 2025.  Specifically, ED is requiring each state agency to submit documentation no later than April 30, 2025, confirming that both the agency and local school districts are complying with FERPA and PPRA, particularly in relation to the identified priority concerns. We anticipate that state education agencies will provide guidance on the specific steps districts must take to demonstrate compliance.