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The Liberty Elementary School District governing board recently addressed the federal government’s new Title IX regulations.
“This is just the board saying in a statement that we are not for the expansion [of Title IX] until there’s a decision or some sort of clarity moving forward about what this is going to mean,” Superintendent Dr. Cort Monroe said.
Recent updates to Title IX regulations have changed how schools handle sexual harassment and assault cases. The new rules broaden the definition of sexual harassment and emphasize due process protections for those accused of misconduct, including the right to cross-examine witnesses.
According to the Department of Education, schools must now follow procedures for handling complaints and ensure timely investigations and decisions. Title IX coordinators will have an increased role in overseeing compliance and providing training on Title IX issues. Schools must also implement effective training programs for staff involved in Title IX processes.
The part of the new regulations raising the most red flags involves expanded gender protections. The new Title IX clarifies that discrimination based on gender identity and sexual orientation is prohibited. This means ensuring access to facilities and activities that align with a student’s gender identity, such as restrooms and athletic programs. Institutions must implement these protections and comply with the updated regulations to uphold the rights of all students.
A Title IX violation puts the school or district found at fault up for the removal of federal funds. Arizona Superintendent of Public Instruction Tom Horne put out a letter to Arizona school districts encouraging legal caution and for parents to apply school choice in finding a place to best support their ideals and their students.
“We are a local control state,” Horne said, “it will be up to the districts and charters to determine how to proceed in this situation.”
Some schools are exempt from the Title IX expansions based on a lawsuit won by Moms for Liberty. Moms for Liberty, a name unrelated to LESD, is a group advocating for parental rights over the school curriculum. The group expressed concerns about the expanded gender protections under Title IX and argued that these changes might undermine state and federal parental rights while impacting school policies. Moms for Liberty won their lawsuit on preserving parental rights. This means that schools that member’s students are enrolled in are exempt from these changes.
A growing list published July 26 lists 51 Arizona schools as exempt, pending further clarification in Title IX court cases. The original, published list does not include LESD schools but the Moms for Liberty lawsuit was mentioned during the LESD board deliberation on the adoption of the statement.
In the LESD school board meeting, Monroe brought in legal counsel who advised the board not to violate federal law, but assured board members that they had the authority to make the resolution.
“This is obviously a political agenda,” said board member Paul Bixler. “This does not protect the safety, privacy and access of all students.” Bixler was the only board member to vote against the resolution.
