On July, 20, 2021, the U.S. Department of Education’s (USDE) Office for Civil Rights (OCR) released a Q&A document highlighting procedures schools should take when responding to reports of sexual harassment, which follows policy based on 2020 amendments to the Title IX regulation. 

USDE also made public nearly 1,000 pages of testimony taken during a five-day June 2021 public hearing regarding the amendments, where several participants spoke about the rights of transgender students competing in same-sex sports. The Q&A does not specifically address the rights of students who identify as transgender, but it does explain schools’ obligations in responding to complaints of sex discrimination. 

The resources were made public while the USDE is conducting a comprehensive review of Title IX changes. That review will likely lead to proposed new rules. Until then, the 2020 amendments remain in effect.

Dive Insight:

In a statement, USDE said the Q&A aims to assist schools, students and others by highlighting areas in which schools may have discretion in their procedures for responding to reports of sexual harassment. The Q&A also includes examples of policy language — taken from a variety of schools across the country — for procedures in addressing reports and complaints of sexual harassment, including sexual violence, for both K-12 and postsecondary schools.

To access the Q&A document, click here.

Source: K12 Dive. Click here for the full article.

On July 21, 2021, US Education Secretary Miguel Cardona, White House Office of Public Engagement Associate Director Emily Voorde, and Office of Special Education and Rehabilitative Services Deputy Assistant Secretary Katy Neas met with public educators from the National Education Association and the American Federation of Teachers. All assembled educators self-identified as Disabled. Secretary Cardona emphasized that educators with disabilities serve as critical advocates and role models for their students, particularly those with disabilities. The Secretary also reaffirmed the Biden Administration’s commitment to support educators with disabilities and students with disabilities. This roundtable comes just five days before the 31st anniversary of the passage of the Americans with Disabilities Act and is part of the Administration’s engagement with Disabled Americans during July’s Disability Pride Month.

Click here to access the press release.

On July 9,2021, the Centers for Disease Control and Prevention (CDC), citing a return to in-person learning as a priority,  updated its COVID-19 guidelines, which state that vaccinated teachers and students do not need to wear masks inside school buildings.

However, the CDC continues to recommend that persons two years-old and up who aren’t vaccinated continue to wear masks indoors and to keep a social distance of three feet. With regard to schools, this would include students and staff.

At the present time, children as young as 12 years old are eligible to be vaccinated and vaccines have been shown to be effective against the disease and its variants.

To access the CDC guidance, click here.

On June 28, 2021, the U.S. Supreme Court (SCOTUS) announced that it would not hear Grimm v. Gloucester County School Board, a case that had the potential to decide whether schools are violating LGBTQ students’ rights when they prohibit them from using facilities (e.g., locker rooms and bathrooms) that align with their gender identity.

Although a decision on the 2015 case would have settled a debate over whether Title IX includes protections for LGBTQ students against sex discrimination, declining to hear oral arguments means the lower court’s decision in favor of Grimm still stands, leaving Grimm’s attorney and supporters to claim the Court’s decision as a victory for Grimm and other transgender students.

For more on the case from K12Dive, click here.

On Wednesday, June 25, 2021, the US Supreme Court (SCOTUS) ruled on the Mahanoy Area School District appeal in the free speech case of  Mahanoy Area v. B.L.. While the decision was obviously a loss for Mahanoy with respect to the discipline of B.L., it is also seen by some as an overall a victory for public schools (and Mahanoy generally), in that they were able to get the “Tinker doesn’t apply at all to off-campus speech” rule from the Third Circuit overturned. The Court also reaffirmed a school’s authority to discipline for off-campus bullying and harassment, at least when it is serious.  So, from the school’s standpoint, the decision was not a total loss and may have actually been a “win.”.

To read a more in-depth analysis of the decision, click here.

PAPSA had submitted an Amicus Curaie Brief in support of the school district in this case, which can be viewed by clicking here.