Special Policy Update

• Title IX Regulation Changes
• Artificial Intelligence Parameters
• Emergency Policy Adoption
• What to do with an SPU?

To access the sample policies distributed with this Special Policy Update, click here.

Title IX Regulation Changes

Title IX has gone through dramatic changes in the past year. Prior to August 2024, districts were following Title IX regulations of 2020, however, the Biden administration released updates to the regulations that took effect in August 2024, requiring districts to adopt new policy. On January 9, 2025 a federal judge ruled that the Biden administration’s 2024 Title IX regulations exceeded the scope of Title IX and were therefore unconstitutional, which resulted in the regulations being vacated. For districts, this means returning to the Title IX regulations of 2020.

This SPU contains the version of AC-R-3, Sexual Harassment Investigation Procedures, that CASB believes best meets the intent of Title IX. Among the changes are a stricter “Grievance Procedure”, which requires districts to use a three-person investigation model: (1) Title IX Coordinator, (2) Investigator, and (3)  Decision-Maker. The 2020 regulations require that the grievance process follow a “reasonably prompt timeframe” for an investigation. This has been interpreted by the Department of Education to mean the investigation should take around 60 days, however, it can be extended for good cause. 

In addition to reverting back to the 2020 Title IX regulations, the Trump administration also signed an executive order addressing “gender ideology.” Out of an abundance of caution, CASB chose to remove language about gender identity and expression from Title IX sample policy and regulations. Colorado state law has vast protections for gender identity and expression, which are expressed in state specific harassment and discrimination policies. Because these classes are protected elsewhere in CASB sample policy, it was deemed best to divorce such language from Title IX while we await more information on President Trump’s executive orders and the impact thereof.

One major change from the 2024 regulations to the 2020 Title IX regulations is the standard of proof the decision-maker must use to evaluate the evidence and come to a decision regarding responsibility for the alleged misconduct. While the regulations allow schools to choose between (1) the preponderance of the evidence standard, or (2) the clear and convincing evidence standard, the regulations require that schools consistently apply the same standard of proof to all Title IX investigations. CASB sample policies regarding Title IX sexual harassment guide the reader to one policy (AC-R-3), which lays out the grievance procedure. By our interpretation of Title IX regulations this means Colorado schools can use either standard. However, for continuity among other harassment investigations prescribed by state law (AC-R-1 and AC-R-2), CASB recommends using the “preponderance of the evidence standard.” If your district is unsure what standard is best to use, CASB recommends reaching out to district legal counsel to make a final determination.

This SPU contains many policies that reference Title IX “sexual harassment,” which under the 2024 Title IX regulations was renamed “sex-based harassment.” This change necessitated an update to cross-references in numerous policies—about ten policies. Another set of policies needed an updated nondiscrimination statement.

 Other resources

• CASB Title IX Legal Update January 14, 2025
• CASB Title IX Legal Update February 4, 2025
• Department of Education "Dear Colleague" Letter February 4, 2025
• Title IX 2020 Regulations

Artificial Intelligence Parameters

As advancements in artificial intelligence (AI) continue to shape the educational landscape, it is essential to establish clear guidelines for its responsible use in Colorado schools. To ensure AI enhances learning while maintaining academic integrity and student safety, we have updated our staff and student technology use policies to reflect best practices for AI integration. These policies also include grammatical updates and general edits to take out repetitive language.

 Emergency Policy Adoption

CASB sample policy BG allows for an emergency adoption process. The policy states:

“Under unusual circumstances, the Board may temporarily approve a policy to meet emergency conditions. However, the above procedure is required before the policy shall be considered permanent.”

If your district has this language included in your policy BG, CASB suggests that the board does an emergency adoption of all Title IX policies at the next board meeting. Below is a sample resolution we feel best describes the unusual circumstance necessitating an emergency adoption.

An emergency adoption allows the board to temporarily approve the policies and the board will need to initiate the usual procedure required for adopting policy to ensure transparency with the district community.

Other resources

• CASB Sample Resolution Emergency Adoption
• BG CASB Sample Policy

 What to do with an SPU?

Whether you are a seasoned policy veteran or new to policy work, below are some tips for reviewing the information contained in the CASB SPU. CASB sample policies cannot simply be adopted “as is,” so please consider the following as you plan to update your district’s local policies: 

• Review the new or updated sample policies;
• Make decisions on optional language included in the sample policies;
• Add district-specific information;
• Consider local needs and circumstances;
• Engage in board and community conversations;
• Remove CASB note boxes after the board has considered the information contained in the note box;
• Remove the CASB copyright information;
• Consult with legal counsel;
• Present the policies to the board for review and adoption; and
• Call the CASB policy team with any questions!