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Department of Education Transgender Sex Discrimination

Montgomery McCracken

Update on Title IX Enforcement – OCR Is Moving Beyond Sports

Montgomery McCracken on

If you haven’t read the recent press releases from the Department of Education reflecting their summer enforcement focus around Title IX, below we’ll dive into what happened this month. Penn’s agreement with the Office for...more

Venable LLP

Title IX and Transgender Athletes: Penn's Landmark Settlement and the Legal Implications

Venable LLP on

In early July, the University of Pennsylvania said it had reached a settlement with the U.S. Department of Education, resolving a federal investigation into Title IX violations based on transgender athlete participation in...more

Fisher Phillips

SCOTUS to Determine Whether States Can Ban Transgender Athletes From Women’s Sports – What Your School Needs to Know

Fisher Phillips on

The Supreme Court will soon decide whether states can ban transgender high school and college athletes from participating on female sports teams at their schools. After initially declining to review this issue in 2023 and...more

ArentFox Schiff

No Visas for Foreign Transgender or Male Athletes Competing in Women’s Sports

ArentFox Schiff on

President Trump signed an Executive Order (EO) banning athletes assigned male at birth from competing in women’s sports. This applies to sports competitions within both educational institutions and athletic associations....more

Fisher Phillips

So You’re Concerned About Losing Federal Funding: 3 Things Schools Should Do Right Now

Fisher Phillips on

Many K-12 and institutes of higher education are concerned about the potential threat to their federal funding given recent changes to the way the government is interpreting existing federal law to achieve certain policy...more

Bond Schoeneck & King PLLC

President Trump Signs Executive Order, “Keeping Men Out of Women’s Sports”

On Feb. 5, 2025, President Trump signed an Executive Order, “Keeping Men Out of Women’s Sports.” The Executive Order states that “[i]n recent years, many educational institutions and athletic associations have allowed men to...more

Littler

Recent Executive Orders and Dear Colleague Letter Affecting Educational Institutions

Littler on

In the two weeks since President Trump took office, he has issued numerous orders, many of which affect educational institutions. The following summarizes the most recent executive orders and directives affecting our...more

Akin Gump Strauss Hauer & Feld LLP

Keeping Men Out of Women's Sports (Trump EO Tracker)

Orders that it is the policy of the United States to oppose male competitive participation in women’s sports more broadly, as a matter of safety, fairness, dignity, and truth. Administration will take all appropriate action...more

Ballard Spahr LLP

Department of Education Confirms Return to Trump Administration’s 2020 Title IX Rule

Ballard Spahr LLP on

On January 31, the U.S. Department of Education (DOE) confirmed that, effective immediately and applicable to all open Title IX investigations, it will enforce the first Trump administration’s 2020 Title IX regulations (the...more

Kohrman Jackson & Krantz LLP

Client Alert: Trump Administration Reinstates 2020 Title IX Regulations, Reversing Biden-Era Changes

The U.S. Department of Education announced that it will officially enforce the 2020 Title IX regulations, enacted during former President Donald Trump’s first term. This move comes after a federal judge struck down the Biden...more

BCLP

State of Tennessee v. Cardona: Implications of the Vacatur of the 2024 Title IX Regulations

BCLP on

On April 19, 2024, the Department of Education released its final Title IX regulations regarding sexual discrimination in federally-funded education (the “2024 Title IX Rules”)....more

Benesch

Biden’s 2024 Title IX Regulations Take a Blow - Federal District Court Rejects Re-Definition of “Sex” Under Title IX

Benesch on

On January 9, 2025, a federal district court in Kentucky issued a decision that blocks the Biden administration’s attempt to change the definition of “sex” in Title IX regulations and enforcement....more

Jackson Lewis P.C.

What Schools Need to Know After Court Vacates Title IX Regulations Nationally

Jackson Lewis P.C. on

The Biden Administration’s April 2024 changes to Title IX regulations were struck down in a court ruling that applies nationwide. State of Tennessee v. Cardona, No. 2: 24-072-DCR (E.D. Ky. Jan. 9, 2025). The Kentucky federal...more

McGuireWoods LLP

Department of Education Withdraws Proposed Rule Governing Participation on Athletic Teams Based on Gender Identity

McGuireWoods LLP on

On Dec. 26, 2024, the U.S. Department of Education withdrew its proposed rulemaking regarding the application of sex-related criteria to participation on athletic teams under Title IX....more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 7, July 2024

July 29, 2024 Welcome to the seventh issue of The Academic Advisor – our e-newsletter focused on education law insights.    In this final summer edition, we look ahead to the new academic year and cover the following...more

Fisher Phillips

States Sue Federal Government Over New Title IX Rules, Vow Not to Comply: What Schools Need to Know and Do Next

Fisher Phillips on

At least 22 states are suing the Biden administration over new Title IX rules set to take effect this summer. The lawsuits claim that the U.S. Department of Education’s new rules – which were released last month and include...more

Kohrman Jackson & Krantz LLP

CLIENT ALERT: Biden Administration Releases Long-Awaited Title IX Regulations

On April 19, 2024, the Biden Administration released its long-awaited overhaul of the Title IX regulations governing investigations of alleged sexual misconduct and sex discrimination in federally-funded education programs....more

Fisher Phillips

Here’s How the Highly Anticipated Changes to Title IX Could Affect Colleges, Universities, and Public K-12 Schools

Fisher Phillips on

The Department of Education (DOE) is expected to issue two major amendments to Title IX regulations next month that could cause headaches for educational institutions with classes already in full swing. One rule will address...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Revives Teacher’s Religious Discrimination Case Over Transgender Students’ Names and Pronouns

On July 31, 2023, the Seventh Circuit Court of Appeals revived a Christian teacher’s religious discrimination lawsuit over his refusal to refer to transgender students by their names and pronouns with which they identified. ...more

McGuireWoods LLP

Evolving Legal Framework Regarding Transgender Students

McGuireWoods LLP on

On April 6, 2023, the U.S. Supreme Court and the U.S. Department of Education addressed the treatment of transgender students in sports. Specifically, in West Virginia, et al. v. B.P.J., by her next friend and mother,...more

Husch Blackwell LLP

Department of Education Publishes Proposed Regulation Governing Athletics Eligibility Based on Gender Identity

Husch Blackwell LLP on

On April 6, 2023, the U.S. Department of Education issued a proposed rule that would govern a school, college, or university’s ability to regulate participation by transgender athletes on teams designated “men’s” and...more

Cohen Seglias Pallas Greenhall & Furman PC

Department of Education to Propose Title IX Revisions Supporting Transgender Students

The Washington Post recently reported that new proposed Title IX language referencing transgender students should be expected from the Department of Education (the Department) this month. The reported proposed regulations...more

FordHarrison

Department of Education Extends Title IX Protections to Gay and Transgender Students

FordHarrison on

Executive Summary: June is Pride Month. On June 16, 2021, Miguel Cardona, Secretary of the U.S. Department of Education (the “Department”) under President Joe Biden, issued a Notice of Interpretation stating that Title IX...more

Miller Canfield

Department of Education Issues Interpretive Ruling Prohibiting Sex-Based Discrimination Against Gay & Transgender Students Under...

Miller Canfield on

On June 16, 2021, the U.S. Department of Education ("DOE") issued a "Notice of Interpretation" expanding protection of gay and transgender students under Title IX to include educational institutions receiving federal monies....more

Faegre Drinker Biddle & Reath LLP

Executive Order and Courts Clarify Supreme Court Bostock Decision Applies to Title IX, Too

On January 20, 2021, President Joe Biden signed the "Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.” The Executive Order explicitly extends the holding of...more

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