July 17, 2017

New California Law Requires Educational Institutions to Post Specific Title IX Information on Websites

BY: Stephen McLoughlin, Eve Peek Fichtner

Starting July 1, 2017, educational institutions in California subject to Title IX must ensure their websites include the specific Title IX information set forth in Education Code section 221.61.  This law applies to schools, charter schools, school districts and County Offices of Education.  The required Title IX information includes: 1) the name and contact information of the institution’s Title IX Coordinator, 2) the rights of students pursuant to Title IX, 3) the responsibilities of the institution under Title IX, 3) a description of how to file a Title IX complaint, and 4) the contact information for the Office for Civil Rights (“OCR”) along with a link to OCR’s complaint website.  The information must be must be posted “in a prominent and conspicuous location” on the website.

Education Code section 221.61 does not expand or change the Title IX requirements with respect to website information.  Instead, the California legislature decided to put these Title IX requirements into State law because Congress found, through a published report, that many educational institutions throughout the country are failing to meet these requirements.  Thus, institutions may already have the information required by Section 221.61 on their websites.  However, Section 221.61 includes some more specific information to be included.  For example, Section 221.61 requires all websites to list specific student rights under Title IX as well as provide links to certain websites for additional information regarding the Title IX complaint process.

To comply with Section 221.61, education institutions can review their existing website to make sure it includes all information required by Section 221.61.  In the alternative, education institutions can create a separate page that lists the specific information required by Section 221.61 to demonstrate compliance.  AALRR can help education institutions review their website or help develop a separate page to comply with Section 221.61.  If you need assistance with compliance, please feel free to contact us.

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Attorney Bio(s)

smcloughlin

Stephen McLoughlin

Senior Counsel

562-653-3200

smcloughlin@aalrr.com

Stephen McLoughlin advises public and private agencies on a wide variety of transactional and litigation issues. He represents California community college districts, universities and school districts in education-related matters, providing advice and counsel concerning compliance with Title IX, transgender accommodations, First Amendment and other constitutional rights of students and employees and related federal and state laws. He represents education clients in grievance arbitrations, administrative hearings, and civil litigation in state and federal court.

full bio

efichtner

Eve Peek Fichtner

Partner

916-923-1200

efichtner@aalrr.com

Eve Peek Fichtner is a partner in the Sacramento office. Ms. Fichtner represents school districts, county offices of education, community colleges and private employers for personnel matters, student issues and all forms of discrimination and harassment claims. Ms. Fichtner has certification and significant experience conducting prompt, thorough and effective workplace investigations and Title IX investigations. She also provides resolution-based services to clients, including workplace coaching for employees and supervisors, conflict resolution training and facilitated meetings. In addition, she serves as a hearing officer for student expulsion cases, appeals and Title IX campus assault matters.

full bio

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