Most of the time, we hear about Title IX in relation to colleges and universities. However, this critical federal law involves more than just institutions of higher learning. Title IX applies to elementary and middle schools. In fact, we’ve seen a rise in Title IX investigations in grade schools.
Title IX often has new rules released, expanding this critical rule that dictates everything from sexual discrimination in admissions to sexual assault on school campuses. Knowing whether a school is required to follow these rules is essential to protect your or your child’s rights.
If you are confronting allegations of Title IX violations, you need experienced legal counsel. Contact the KJK Student & Athlete Defense team today to learn more about your legal rights and options.
What Does Title IX Say?
Title IX prohibits sexual discrimination and harassment. It also serves as a rule that many students use after they claim to have been assaulted on school grounds.
The actual wording of Title IX of the Education Amendments of 1972 is short and simple. It states, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Under this definition, any school that receives federal funding can potentially be subject to Title IX rules and regulations.
If a school does not respond promptly and appropriately to allegations of Title IX violations, it risks losing its federal funding.
The History of Title IX
Title IX was passed in 1972. Its initial idea was to provide equal access to female applicants who were traditionally shut out of schools and particular educational programs that were more historically available to their male counterparts. Another strong incentive behind the law was to provide equal opportunities and funding to women athletes.
Over the years, Title IX has evolved. It is now incorporated into the federal code. The United States Department of Education has clarified and expanded the federal law with new regulations and policies over the years. Today’s current version of Title IX provides protection on the basis of sexual orientation and gender identity, but some states have refused to pass this more liberal version, leading to several lawsuits currently pending at the time of this publication.
Education + Federal Financial Assistance
For a school to be subject to Title IX, it must be considered an educational institution and must receive federal funding.
Federal law defines an educational institution as “any public or private preschool, elementary, or secondary school, or any institution of vocational, professional, or higher education.” Title IX also apply to educational programs or activities, which are defined as the operations of any of the following for which any part is extended federal financial assistance:
- A department, agency, special purpose district, or other state or local government instrumentality
- The entity of the state or local government that distributes such assistance, and each department or agency that receives such assistance
- A college, university, or other postsecondary institution, or a public system of higher education
- A local educational agency, system of vocational education, or other school system
- An entire corporation, partnership, or other private organization, or an enter sole proprietorship if assistance is extended to the entity as a whole or which is primarily engaged in the business of providing education, health care, housing, social services, or parks and recreation
- The entire plant or other comparable, geographically separate facility to which federal financial assistance is extended
The key metric for Title IX is whether or not the institution or program receives federal funding. Therefore, the law won’t apply to every educational institution in the country, as there are private religious institutions that do not accept funding from the government. There are some notable exceptions, which we will describe later.
While the law differentiates between private and public schools, private schools, including colleges and universities, can be subject to Title IX. Many private colleges and universities accept student loans that the federal government funds. This makes these educational institutions recipients of federal financial assistance and subject to Title IX rules unless an exception exists.
Which Schools Does Title IX Apply To?
Based on the broad wording of Title IX, any school, college, university, educational institution, or educational program that receives federal monies could be subject to Title IX’s provision. This includes the following:
- Preschools
- Head Start programs
- Private and public K-12 schools and their programs
- Elementary schools
- Middle schools
- High schools
- Charter schools
- For-profit schools
- Post-secondary institutions
- Colleges
- Universities
- Trade schools
- Vocational schools
- Libraries
- Museums
- Vocational rehabilitation programs
Which Doesn’t Title IX Apply To?
There are some exceptions to the schools and programs that Title IX does not apply to, but the specifics matter. Some entities and programs that Title IX might not apply to include the following:
Admissions Policies
Some schools may be able to exclude a sex for the purposes of making admissions decisions, allowing them to admit only students of a single sex, including private undergraduate colleges and universities. Still, the institution’s programs and activities are required to comply with Title IX requirements if the school receives federal funding.
Similarly, public elementary and secondary schools can offer non-vocational single-sex schools, but they must provide substantially equal schools and opportunities to both sexes.
Private Schools Controlled by Religious Organizations
A significant exception to Title IX’s application is that it does not include “any operation of an entity which is controlled by a religious organization if the application of [the law] would not be consistent with the religious tenets of such organization.” Therefore, students and employees at such religious educational institutions may not be protected from sexual harassment and sexual discrimination as they might be at public educational institutions. This is particularly notable given that Title IX has recently been expanded to include sexual orientation and gender identity, which some religious organizations object to.
Military Training Institutes
Another notable exception under federal law to the applicability of Title IX is to “an educational institution whose primary purpose is the training of individuals for the military service of the United States, or the merchant marine.” Even though these institutions provide education, their primary function is to train people for military service, so they aren’t required to follow the same rules.
However, Title IX does apply to ROTC programs that operate on school grounds or campuses on other educational institutions. Title IX also applies to military colleges that are not official service academies.
Trade Schools
Many different programs and institutions help people develop a trade, such as welding, computer repair, or HVAC services. Whether or not Title IX applies to a trade school depends on whether the school is accredited so that students can use federal grants or loans to pay for tuition. Institutions of vocational education that receive federal funding are subject to Title IX.
What to Do If You or Your Child Is Accused of Violating Title IX
If you are a school employee, faculty member, or administrator at an elementary or middle school, or your child is a student who has been accused of violating Title IX, you need to take prompt action, including:
Meet with the Title IX Coordinator
The Title IX coordinator is responsible for notifying the accused of the nature of the charges against them, explaining their legal rights, and describing the school’s policies regarding Title IX investigations. Avoid giving any testimony or admitting to anything at this juncture.
Review the School’s Title IX Policy
Title IX cases can involve various types of allegations, including:
- Claims of sexual discrimination
- Sexual harassment claims
- Gender equity violations
- Sexual violence allegations
- Claims of sexual misconduct
- Sexual battery claims
- Sexual coercion claims
Schools may have affirmative consent rules, meaning that your child could be subject to reprimand even if their conduct was not illegal in nature.
Gather Evidence
Start preparing your defense now. Gather text messages, pictures, social media posts, or other information that supports your version of events. Consider whether anyone else saw the allegations that are relevant to the Title IX case. Write down their names, contact information, and what you believe they could contribute to the case.
Be Careful About What You Say on Social Media
The Title IX investigator, alleged victim, or witnesses may see what you say on social media, so be guarded with your communications there. Even if you think what you are sending is private, there are ways to get around those privacy settings and for the information to be used against you.
Hire an Experienced Title IX Defense Lawyer
A skilled Title IX defense attorney can review the nature of the allegations against you, conduct an independent investigation, review your school’s Title IX policy, and protect your rights throughout the process.
Complications Involving Title IX Cases
Title IX cases can be very complicated. Some of the problems you may run into when dealing with a case of this nature include:
- Every case is unique. Each school is required to establish its own Title IX policy, so every Title IX case is different.
- Different rules apply. Title IX cases often proceed as administrative cases. This means that the same rights and processes do not apply to criminal cases. While you (or your child) have certain due process rights, these are not the same rights you would have,in a criminal case. The evidentiary standard is also lower in Title IX cases, typically by the preponderance of the evidence, making it easier to establish a finding of responsibility than finding criminal culpability.
- Other cases can be involved. The same factual allegations can give rise to other types of cases, such as code of conduct violations, criminal charges, or civil lawsuits. You don’t want to say or do anything that could compromise your rights or position in these other cases.
- Supportive measures can be intrusive. Your child may be required to switch classes, adjust their class schedule, switch lunch times, or be subject to other intrusive support measures that could interfere with their education.
These complications underscore the need to work with an experienced Title IX defense lawyer. KJK Student & Athlete Defense has handled more than 1,000 cases involving more than 200 educational institutions. Our co-chair and partner, Kristina Supler, was named Best Lawyers 2025 Lawyer of the Year, a highly coveted award that only one lawyer from each category and location can receive annually.
Contact us today for a confidential consultation for legal assistance with your specific case.
At KJK Student & Athlete Defense, we are committed to saving futures. If you have been accused of a Title IX violation or other conduct code violation, contact us for a confidential consultation.