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First Amendment › Department of Education › Educational Institutions

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Venable LLP

Legal Showdown: Harvard and Trump Administration Spar Over Alleged Federal Civil Rights Violations, Federal Funding Freeze

Venable LLP on

Since President Trump's return to office in January, his administration has intensified efforts to combat antisemitism on college campuses, positioning the issue as a central pillar of its civil rights agenda....more

Ballard Spahr LLP

Federal Court Refuses to Lift Preliminary Injunction Blocking DEI Executive Orders, While EEOC, USDOE, and State AGs Address DEI...

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Last week brought further developments related to the Trump administration’s efforts to curtail what it views as illegal diversity, equity, and inclusion (DEI) initiatives....more

Troutman Pepper Locke

OCR’s Directive on Race-Conscious Policies in Higher Education

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On February 14, the U.S. Department of Education Office for Civil Rights (DOE) issued a Dear Colleague Letter (DCL), which calls for educational institutions to immediately cease race-conscious practices in student...more

Quarles & Brady LLP

Back to the Future: What a Recent Vacatur, Executive Order, and Dear Colleague Letter Mean for Title IX Compliance

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Within the last month, three developments have rocked the Title IX world: the Eastern District of Kentucky’s decision in State of Tennessee v. Cardona, President Trump’s Executive Order restricting the federal definition of...more

Venable LLP

Title IX’s Final Rule Is Struck Down: Time to Return to the 2020 Regulations

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In a recent and far-reaching decision, a federal court struck down the Biden administration’s 2024 final rule, which sought to implement significant changes to Title IX’s regulations (the 2024 Final Rule). ...more

Littler

What Should Educational Institutions Do Next for Title IX Now That Biden’s Final Rule Was Blocked by a Federal Judge?

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On January 9, 2025, the Biden administration’s Title IX Final Rule was struck down by the U.S. District Court for the Eastern District of Kentucky, which declared the regulations unconstitutional for all schools nationwide....more

Troutman Pepper Locke

What Do We Do Now? District Court Invalidates 2024 Title IX Regulations

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On January 9, a federal judge in the Eastern District of Kentucky entered an order vacating the 2024 Title IX regulations (the Final Rule). The case is Tennessee, et al. v. Cardona (Civil Action No. 2: 24-072)....more

Bond Schoeneck & King PLLC

2024 Title IX Regulations Deemed “Unlawful”

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On Jan. 9, 2025, the Eastern District of Kentucky held in State of Tennessee, et al. v. Miguel Cardona, et al. that the U.S. Department of Education’s 2024 Final Rule implementing Title IX is “unlawful.” This court decision...more

Franczek P.C.

2024 Title IX Final Rule and Regulations Vacated by Federal Judge

Franczek P.C. on

On Thursday, January 9, 2025, Judge John C. Reeves of the Eastern District of Kentucky issued an opinion and order vacating the Final Rule that implemented the 2024 Title IX Regulations. The decision by Judge Reeves has the...more

Spilman Thomas & Battle, PLLC

Court Vacates 2024 Title IX Regulations Nationwide: What This Means for Covered Institutions

Spilman Thomas & Battle, PLLC on

On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky (“Court”) vacated the 2024 Title IX Final Rule (“Final Rule”) nationwide in State of Tennessee v. Cardona. The U.S. Department of Education...more

Poyner Spruill LLP

Federal Court Rules 2024 Title IX Regulations Unconstitutional

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In its decision vacating the United States Department of Education’s 2024 Title IX Regulations on January 9, 2025, the U.S. District Court for the Eastern District of Kentucky found that the Department of Education exceeded...more

Bond Schoeneck & King PLLC

Title IX 2024 Final Rule Struck Down

Bond Schoeneck & King PLLC on

On Jan. 9, 2025, the Eastern District of Kentucky held in State of Tennessee, et al. v. Miguel Cardona, et al. that the U.S. Department of Education’s 2024 Final Rule implementing Title IX is “unlawful.” This court decision...more

Fisher Phillips

Federal Court Blocks Sweeping Title IX Rule for Schools Nationwide: How Your School Can Approach the Changes

Fisher Phillips on

A federal court just blocked the sweeping Title IX rule finalized by the Biden administration last year – effectively wiping the entire rule off the books for all schools nationwide. Prior to Thursday’s ruling, schools across...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

Shipman & Goodwin LLP

2024 Title IX Regulations Are Likely Vacated

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Last year was a turbulent one for Title IX, and although we are just a few days into 2025, this turbulence has persisted into the new year. Yesterday, January 9, 2025, a federal district court in Kentucky issued a ruling that...more

Bricker Graydon LLP

Additional Title IX Regulation Injunctions Just Before the Implementation Deadline

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In the days just before the August 1, 2024 implementation deadline, a flurry of judicial activity changed the landscape of new Title IX regulation implementation yet again. ...more

Bricker Graydon LLP

Kentucky District Court Blocks Implementation of 2024 Title IX Regulations in Kentucky, Ohio, Indiana, Tennessee, Virginia, and...

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A federal judge in the Eastern District of Kentucky has enjoined the United States Department of Education from implementing or enforcing the 2024 Title IX regulations. The injunction is limited to the states of Tennessee,...more

Parker Poe Adams & Bernstein LLP

Pressing Pause: Explanations and Next Steps for Title IX Administrators Following Preliminary Injunctions

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In the past week, two U.S. District Court judges have issued preliminary injunctions halting implementation of the recently-released 2024 Title IX final rule....more

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

Different School of Thought, Part II: New Title IX Regulations Blocked in Ten States

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

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....more

BCLP

Department of Education Issues Dear Colleague Letter as Student Protests Continue

BCLP on

Colleges and universities around the country have been dealing with increasingly violent and contentious student protests in recent months.  Many have had to deal with student, parent, faculty, donor, and public criticisms...more

Tucker Arensberg, P.C.

Confidentiality Provision of Educator Discipline Act Ruled Unconstitutional

Tucker Arensberg, P.C. on

Pennsylvania’s Educator Discipline Act governs educator misconduct complaints filed with the Department of Education for investigation and, if warranted, discipline. 24 Pa. Stat. Ann. § 2070.9. Once a misconduct complaint is...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 9, November 2023

Spilman Thomas & Battle, PLLC on

The Accreditation Overhaul for North Carolina (and Florida) Colleges - Last month, North Carolina Governor Roy Cooper signed House Bill 8 (HB 8) into law. In addition to establishing a new computer science requirement for...more

Franczek P.C.

Department of Ed Releases Post-Kennedy Guidance on Religious Expression in Public Schools

Franczek P.C. on

In May 2023, the Department of Education issued guidance on the current state of the law regarding constitutionally protected prayer and religious expression in public schools. Last updated in 2020, the guidance incorporates...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 1, January 2023

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Welcome to the second year of The Academic Advisor. The aim of this publication is to help our clients navigate the myriad legal issues and evolving regulatory landscape that affect schools, colleges and universities, and...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 2, 2022

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Welcome to our second edition of The Academic Advisor - our e-newsletter focused on education law insights. We hope you enjoyed our first issue and found it helpful. Our aim is to support the work that you do by bringing...more

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