Notice to Parents and Legal Guardians (Response 5/22/2020)

Filed Under: Parents and Legal Guardians
Question:

The regs state:

“The recipient must notify applicants for admission and employment, students, parents or legal guardians of elementary and secondary school students, employees, and all unions or professional organizations holding collective bargaining or professional agreements with the recipient, of the name or title, office address, electronic mail address, and telephone number of the employee or employees designated as the Title IX Coordinator pursuant to this paragraph.”

This is confusingly written about notice to parents or legal guardians of elementary and secondary school students…is that limited to K-12 programs, or is this a requirement for IHEs as well? The way it’s written could mean that a university is supposed to let every parent/legal guardian in the state know who the TIXC is. Does it apply only to K-12? Is it supposed to mean an IHE only has to notify K-12 parents/legal guardians for things like summer camps or dual credit courses the IHE offers to elementary and secondary students?

Answer:

Section 106.8(a) states “The recipient must notify applicants for admission and employment, students, parents or legal guardians of elementary and secondary school students, employees, and all unions or professional organizations holding collective bargaining or professional agreements with the recipient” of the contact information for the Title IX Coordinator. Note that the same list of individuals and groups must receive notification of the school’s non-discrimination policy (see 106.8(b)), and the same list of individuals and groups must also receive “notice of the recipient’s grievance procedures and grievance process, including how to report or file a complaint of sex discrimination, how to report or file a formal complaint of sexual harassment, and how the recipient will respond” under 106.8(c).

Section 106.8(a) lists “parents or legal guardians of elementary and secondary school students” as a distinct class of persons who must be notified. The Rule uses a specific definition of “elementary and secondary schools” (see § 106.30(b)). All recipients must send the required notifications to the parents and legal guardians of students of any “elementary and secondary schools” as that term is defined under the Rule. If a postsecondary institution (or any other entity) is operating an “elementary and secondary school” as that term is defined in § 106.30(b), then parents or legal guardians of the students of the “elementary and secondary school” would need to receive the required notifications under § 106.8.

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