Title IX Considerations During COVID-19 School Closures
While Illinois schools—and schools across the country—remain closed due to concerns about the spread of COVID-19, keep in mind that schools currently are not relieved from their obligations under Title IX or other civil rights laws. Because the Department of Education has not yet released any guidance regarding Title IX obligations during this time (and the Coronavirus Aid, Relief, and Economic Security Act passed by the Senate does not give Department of Education Secretary Betsy DeVos the ability to waive civil rights laws), we recommend continuing to follow your school’s applicable Title IX policies and procedures. Issues related to COVID-19 continue to rapidly evolve on both the federal and state level. Just this week, various advocacy and education groups—over 200 of them—urged federal officials to pause finalization of the proposed Title IX rules, citing concerns that releasing the new rules would only exacerbate challenges schools are already facing as they attempt to meet student needs remotely. As these issues continue to evolve, including the recent stay at home order here in Illinois, we will continue to monitor the impact of any developments closely. In the meantime, keep the following in mind for any investigations that were pending at the time of your school closure, or for any new reports that come in that may trigger your school’s obligations under Title IX.