Colorado Schools protected so far, plus Colorado School of Mines, University of Colorado Boulder, Colorado Christian University, and Colorado College:
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Official statement from CASB (Colorado Association of School Boards):
“Twenty-six states, not including Colorado, have sued the Department of Education over the new regulations, particularly regarding protections for transgender youth. Judges have issued injunctions preventing the rules from going into effect in at least twenty-one of these states. Additionally, a judge for one of the lawsuits (with plaintiffs Kansas, Alaska, Utah, and Wyoming, and several organizations) recently issued an injunction that impacts Colorado, despite the fact that Colorado is not involved in the lawsuit. It prevents the US Department of Education from enforcing the new regulations against any school that has a parent who is a member of Moms for Liberty, or any school who has students who are members of the organizations Young America's Foundation or Female Athletes United – regardless of whether the state in which the school is located is a plaintiff in any litigation. This injunction impacts Colorado districts, as over eighty Colorado schools have students or parents that are members of one of these three organizations. The organizations were required to publish a list of the schools in each state that have members, and the injunction applies to the schools in the list.
“The ruling doesn’t clearly explain if impacted schools can still adopt the 2024 regulations, or if they should continue use of the 2020 regulations. One common interpretation of this ruling is that the Department of Education cannot enforce the new 2024 regulations against schools under the injunction, but impacted schools may still choose to adopt the new rules instead of the 2020 rules. However, a recent position statement from the Association of Title IX Investigators explains the risks in adopting the 2024 regulations, rather than continuing use of the 2020 regulations. ATIXA’s position is that schools under the injunction should not adopt the 2024 regulations, due to risk of lawsuit.
CASB urges impacted schools and districts to consult legal counsel and determine the appropriate course of action.”
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Sample Title IX Resolution
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