Published on: February 9, 2026
More Likely Than Not, an ATIXA podcast, is for general information, educational, and discussion purposes only. It’s not legal advice. If you are navigating a specific issue, always consult with your institution’s general counsel or a qualified attorney familiar with Title IX and applicable state laws. Your specific facts, policy, context, and, of course, state laws matter.
Winter temperatures and news headlines set the tone as Kayleigh and Joe discuss current events affecting K-12 and higher education, with a familiar sense that chaos and uncertainty may be sticking around for a few more weeks this season.
They also dig into a new Government Accountability Office (GAO) report examining the financial impact of the Department of Education’s efforts to reduce staffing at the Office for Civil Rights (OCR), along with recent developments in DEI program litigation and the Trump administration’s ongoing, high-profile conflict with Harvard University.
Kayleigh and Joe break down two recent appellate court decisions with potential implications for practitioners, including a First Circuit case examining what constitutes “actual knowledge” under Title IX in a K-12 setting and a Fourth Circuit case addressing First Amendment and religious accommodation challenges related to pronoun and gender identity policies in schools.
On Overheard on the Listserv, they discuss the risks and requirements of practitioners possessing explicit material, particularly when minors may be involved, and practical ways to manage evidence while minimizing exposure and unintended consequences, including the use of written descriptions and tightly controlled access.
If you’ve ever read a listserv question and thought, “I really hope this never happens to me,” we’re more likely than not covering it in this week’s episode.
Relevant news:
- The Education Department’s efforts to fire staff cost over $28 million, watchdog says
- Lawsuit accuses former Maine high school principal of sexually harassing student
- Wadsworth v. MSAD 40/RSU 40, No. 23-1463 (1st Cir. 2025)
- Pronoun-Objecting Christian Teacher Loses Free Speech Appeal
- Polk v. Montgomery County Public Schools, No. 25-1136 (4th Cir. 2026)
- Trump administration drops legal appeal over anti-DEI funding threat to schools and colleges
- Trump Is Said to Have Dropped Demand for Cash from Harvard
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