Attorney Kalani Linnell Published in Pennsylvania Lawyer

The Pennsylvania Bar Association’s Pennsylvania Lawyer magazine published “Let’s Have ‘The Talk’ About Title IX: Coming to terms with the Final Rule’s compliance process” by Attorney Kalani Linnell in its November/December print edition. Access the article online here.

The attorneys in the education group at Appel, Yost & Zee LLP have been watching Title IX developments closely in order to best serve public schools when issues arise involving sexual misconduct .

In February 2020, prior to the COVID-19 pandemic closures, Secretary of Education Betsy DeVos announced an Office for Civil Rights (OCR) initiative to “enhance OCR’s enforcement of Title IX in both elementary and secondary public schools.” Over the summer, the Department of Education updated its Case Processing Manual. This fall, the Department  launched a Title IX website, which includes a Fact Sheet and links to other resources.

President Elect Biden stated in May that he would put a “quick end” to the new Title IX regulations. But doing so will take time, as explained in this Education Dive article.  Moreover, Biden campaigned on a promise to enforce Title IX protections, including by restoring the 2011 Dear Colleague letter but also by emphasizing training, prevention, and focusing on K-12 schools.

It is no secret that schools and colleges across the country have faced and continue to tackle difficult operational decisions brought about by the COVID-19 pandemic. The Department of Education’s May 2020 release of this regulatory overhaul meant that, in addition to shifts in instructional models and safety precautions, schools and colleges have also had to implement a time-consuming and procedurally heavy system for responding to reports of possible sexual harassment.

The new regulations require policy updates, training sessions, assigned personnel, and heightened documentation. For K-12 schools, intersections with Chapter 12’s disciplinary process and the IDEA’s considerations for students with disabilities cause additional layers of compliance complexities. At a time when the education community is already under stress due to the pandemic, school educators and administrators  need clear and reliable guidance in their responses to reports of Title IX sexual harassment.

The attorneys at Appel, Yost & Zee LLP  provide policy services and training for Title IX compliance. We also serve as independent investigators, hearing officers, or decision-makers under the new Title IX regulations. Our approach takes into consideration your needs under the current Title IX regulations as well as planning to incorporate changes under the next presidential administration.

Finally, and most importantly, we are available to support your school’s changing needs by providing student-centered and educationally sound guidance on Title IX implementation as counsel or special counsel. Please don’t hesitate to contact Kalani via email at kalani@appelyostzee.com or dial (717) 394-0521 to speak with any member of the education group.

Attorney Linnell joined Partner William Zee and Attorney David Walker to establish the firm’s education group in August 2020. All three attorneys are former Pennsylvania teachers who regularly speak at the national level in the areas of trauma-informed approaches to education, student services and special education, school safety, or labor and employment. In addition to their national work, they serve as general counsel and special counsel to school districts, Intermediate Units, and charter schools in Pennsylvania.