News & Analysis as of

Gender Identity School Districts Title IX

Constangy, Brooks, Smith & Prophete, LLP

Christian teacher gets jury trial in name, pronoun case

Divine intervention? John Kluge, a high school orchestra teacher in the Indianapolis area, was let go in 2018 after he refused to address transgender students by their preferred names and pronouns. Mr. Kluge, a Christian...more

Montgomery McCracken

Update on Title IX Enforcement – OCR Is Moving Beyond Sports

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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

Fisher Phillips

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

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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

Franczek P.C.

Seventh Circuit Court of Appeals to Reconsider Transgender Student Access to School Facilities

Franczek P.C. on

The Seventh Circuit Court of Appeals is reconsidering its prior decisions that had established a legal right for transgender students to access bathrooms consistent with their gender identity. The reconsideration is based on...more

Montgomery McCracken

Challenge to State Regulatory Rules Offering Protections for LGBTQ+ Students Filed in Pennsylvania Commonwealth Court

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When we wrote in August about the impact of the Supreme Court’s Loper-Bright decision on the various federal district court rulings invalidating the Department of Education’s 2024 Title IX regulations, we reminded readers...more

Fisher Phillips

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

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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

Miller Nash LLP

New Executive Order “Keeping Men Out of Women’s Sports” Creates Challenging Questions for Oregon School Districts

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On February 5, 2025, President Trump issued an Executive Order (EO) entitled Keeping Men Out of Women’s Sports. This EO expresses strong disapproval of policies allowing transgender girls and women to participate on girls’...more

Miller Nash LLP

New Executive Order Addressing “Radical Indoctrination in K-12 Schooling”: What School Leaders Need to Know

Miller Nash LLP on

On January 29, 2025, President Trump issued an Executive Order (“Order”) entitled “Ending Radical Indoctrination in K-12 Schooling.” The Order asserts that “schools indoctrinate children in radical, anti-American ideologies...more

Bond Schoeneck & King PLLC

2024 Title IX Regulations Deemed “Unlawful”

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

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

Fisher Phillips

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

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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

Venable LLP

Playing by the Rules: Sports Programs Face Challenges in Including Transgender Athletes

Venable LLP on

A West Virginia law introduced as the "Save Women's Sports Act," which banned transgender athletes from competing on girls' and women's sports teams, was recently struck down by the Fourth Circuit Court of Appeals. ...more

Fisher Phillips

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

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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

Venable LLP

Between a Rock and a Hard Place: The Legal Debate Over Preferred Pronoun Usage in the Classroom Continues with Institutions of...

Venable LLP on

In a July 28, 2023 ruling, the Seventh Circuit has signaled that Institutions of Higher Education (IHEs) seeking to enforce pronoun policies can expect to face increased scrutiny. Specifically, the Seventh Circuit vacated its...more

Fisher Phillips

Recent Ruling on School’s Transgender Bathroom Policy Leads to Divide Among Federal Appeals Courts: Will SCOTUS Weigh In?

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A Florida public school’s transgender bathroom ban was recently upheld by a federal appeals court, leading to a circuit split that may need to be resolved by the U.S. Supreme Court. Specifically, in a 7-4 ruling, the 11th...more

Bowditch & Dewey

DOE Issues Proposed Rules on Athletics and Gender Identity

Bowditch & Dewey on

On April 6, the Department of Education issued a notice of proposed rulemaking under Title IX, which would regulate how gender identity factors into athletics participation. The proposed rule would apply to students in K-12...more

Spilman Thomas & Battle, PLLC

New Proposed Changes to Title IX: Students’ Eligibility for Athletic Teams

As schools and institutions of higher education anticipate the release of new Title IX regulations this May, on Thursday, April 6, the U.S. Department of Education (the “Department”) released a new notice of proposed...more

Tucker Arensberg, P.C.

Legal Issues Involving Transgender Students

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In recent years, the legal rights of transgender students have been litigated in courts around the country. While court decisions have provided some guidance for school districts, many questions remain. This article addresses...more

Bowditch & Dewey

[Webinar] 2022 Proposed Title IX Regulations: What You Need to Know - July 19th, 11:00 am - 12:00 pm ET

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On June 23, the Department of Education issued a proposed rulemaking that would alter obligations to address sex discrimination that affects employees and students, including sexual harassment, pregnancy discrimination, and...more

Bowditch & Dewey

Department of Education Issues Proposed Changes to Title IX Regulations

Bowditch & Dewey on

On June 23, 2022, the Department of Education issued a Notice of Proposed Rulemaking (NPRM) that would alter obligations to address sex discrimination that affects employees and students, including sexual harassment,...more

Fisher Phillips

Title IX – Will Everything Old Be New Again?

Fisher Phillips on

[Warning: This article does not reference viruses, vaccines, or mask-wearing.] The education world is in a state of flux, legally speaking. Any day now, the U.S. Supreme Court will further opine on the extent to which the...more

Jaburg Wilk

President Biden Signs Executive Order Potentially Expanding Scope of Title IX Protections

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On March 8, 2021, President Biden signed an executive order indicating it is the policy of the Biden administration “that all students should be guaranteed an educational environment free of from discrimination on the basis...more

Fisher Phillips

Federal Appeals Court Rules In Favor Of Transgender Teen In Landmark Bathroom Case

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In a major win for transgender rights, the 4th Circuit Court of Appeals recently ruled in favor a transgender teenager who wanted to use the boys’ bathroom at his former school, finding that the school district violated his...more

Fisher Phillips

Federal Court Rules In Favor Of Transgender Teen In Bathroom Case

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A federal court in Virginia ruled in favor a transgender teenager who wanted to use the boys’ bathroom at his former school, finding that the local school district violated his constitutional rights when it prescribed which...more

Best Best & Krieger LLP

School District Can’t Stop Transgender Student from Using Restroom of Choice - Federal Appeals Court Upholds Temporary Injunction...

For years, California law has required school districts to allow a student to use restroom facilities consistent with his or her gender identity no matter what gender is listed on the pupil’s records. However, a case decided...more

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