The last eight weeks have seen at least six courts issue injunctions barring enforcement of the U.S. Department of Education’s 2024 Title IX Final Rule (the “2024 Rule”). Most injunction orders lack clarity about which higher educational institutions are covered by the injunctions. This has resulted in a confusing enforcement
Article Discussing Title IX And The Workplace.
Different School of Thought, Part IV: Partial Stays of Injunctions Against Enforcement of New Title IX Regs Requested From Supreme Court
On July 22, 2024, Solicitor General of the United States Elizabeth B. Prelogar submitted applications to the Supreme Court of the United States for a partial stay of two preliminary injunctions issued, respectively, by the U.S. District Court for the Western District of Louisiana on June 13, 2024 (affirmed by
Different School of Thought, Part V: U.S. Department of Education Attempts to Clarify Scope of Injunctions Barring Enforcement of 2024 Title IX Regulations
The last eight weeks have seen at least six courts issue injunctions barring enforcement of the U.S. Department of Education’s 2024 Title IX Final Rule (the “2024 Rule”). Most injunction orders lack clarity about which higher educational institutions are covered by the injunctions. This has resulted in a confusing enforcement
Title IX Updates Are Here (For Some of Us!)
The U.S. Department of Education’s final rule for the 2024 Title IX regulations is effective today, August 1. However, due to legal challenges, more than half of the states remain under the 2020 rules.
Different School of Thought, Part III: New Title IX Regulations Now Blocked by Four Courts, Affecting 15 States
On July 2 and July 11, 2024, two more federal courts issued preliminary injunctions preventing enforcement of the U.S. Department of Education’s new Title IX regulations, scheduled to go into effect on August 1, 2024.
Different School of Thought, Part II: New Title IX Regulations Blocked in Ten States
On June 17, 2024, the U.S. District Court for the Eastern District of Kentucky granted a preliminary injunction staying enforcement of the U.S. Department of Education’s new Title IX regulations. The rules were scheduled to go into effect on August 1, 2024. The injunction applies to Indiana, Kentucky, Ohio, Tennessee,
Different School of Thought: 15 States Sue to Challenge 2024 Title IX Regulations
As previously discussed in our four-part series, on April 19, 2024, the U.S. Department of Education released final Title IX regulations that apply to complaints of sex discrimination occurring on or after the effective date (i.e.,August 1, 2024). States wasted no time in filing lawsuits challenging the final rule in
2024 Title IX Regulation Update, Part IV: Miscellaneous Provisions
This is part four of a series examining the most topical changes applicable to higher educationcontained in the new Title IX regulations released by the U.S. Department of Education on April 19, 2024. Changes applicable only to K–12 are not included in this analysis. This article addresses miscellaneous provisions of
2024 Title IX Regulation Update, Part III: Section 106.44—Recipients’ Duty to Address Sex Discrimination
This is part three of a series examining the most topical changes contained in the new Title IX regulations applicable to higher education, which were released by the U.S. Department of Education on April 19, 2024. This article addresses § 106.44, “Recipients’ Duty to Address Sex Discrimination.” A summary of
2024 Title IX Regulation Update, Part 2: Section 106.2 Definitions
Part two of our series of articles examining key changes applicable to higher education institutions and contained in new Title IX regulations released by the U.S. Department of Education on April 19, 2024, addresses definitions set forth in § 106.2. A summary of pertinent changes follows.
2024 Title IX Regulation Update, Part I: Grievance Procedures for Resolving Complaints of Sex Discrimination and Sex-Based Harassment
This is part one of a series examining the most topical changes contained in the new Title IX regulations applicable to higher education released by the U.S. Department of Education on April 19, 2024. Changes applicable only to K–12 are not included in this analysis. The long-awaited Title IX regulations
U.S. Department of Education Issues Long-Awaited Final Title IX Regulations
U.S. Department of Education issued final Title IX regulations governing sex discrimination complaints involving educational institutions. The regulations clarify terms, expand the geographical scope of Title IX, amend the investigation process, and include sexual orientation, gender identity, and pregnancy/lactation issues within Title IX’s protections.
Department of Education Releases Final Rule Amending Title IX Regulations
The U.S. Department of Education has released its final amendments of the regulations to Title IX of the Education Amendments of 1972 regarding how educational institutions must handle allegations of sexual discrimination and sex-based harassment. The new regulatory requirements will go into effect Aug. 1, 2024.
U.S. Department of Education Delays Release of Title IX Final Rules to October 2023
The much-anticipated release of the Biden administration’s final revisions to the regulations implementing Title IX of the Education Amendments of 1972 will be delayed to October 2023, the U.S. Department of Education recently announced.
Education Department Proposes New Title IX Regulations for Transgender Student-Athletes
The U.S. Department of Education Office for Civil Rights (OCR) has proposed a standard that would clarify participation and equal opportunity of transgender students in school athletics.