News & Analysis as of

Gender Identity Students Sex Discrimination

TNG Consulting

Should Schools and Colleges Remove Gender Identity Protections from Policy?

TNG Consulting on

Like many firms with a leadership think tank, our consultants collaborate to inform how we advise our clients and ATIXA’s members. Recently, we discussed the Trump Administration’s Executive Order (EO) that limits its...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

Marshall Dennehey

Legal Update for Special Education Law – Updates from the U.S. Department of Education

Marshall Dennehey on

In Tennessee v. Cardona, 2025 WL 63795, a Kentucky federal judge issued an opinion vacating the new Title IX regulations.  In April of 2024, new Title IX regulations expanded the concept of discrimination “on the basis of...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

Poyner Spruill LLP

U.S. Department of Education to Enforce 2020 Title IX Regulations

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The U.S. Department of Education (Department) recently issued a “Dear Colleague Letter” stating that the Department’s Office for Civil Rights (OCR) will enforce the 2020 Title IX Regulations governing K-12 schools’ and...more

Fisher Phillips

From Immigration Raids to DEI and Bathroom Access: How K-12 Schools Should Respond to the First Week of Trump Executive Orders

Fisher Phillips on

The flurry of executive orders signed by President Trump during his first few days of his second administration will have a profound impact on K-12 school communities across the country. They not only touch on immigration...more

Littler

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

Littler on

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

Troutman Pepper Locke on

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

Ballard Spahr LLP

Federal Court Strikes Down Title IX Rule

Ballard Spahr LLP on

On January 9, 2025, a federal trial court in State of Tennessee, et al. v. Cardona vacated the Biden Administration’s overhaul of Title IX regulations. Although provisions of the Rule had already been temporarily blocked in...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

Shipman & Goodwin LLP

2024 Title IX Regulations Are Likely Vacated

Shipman & Goodwin LLP on

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

Schools Across the Country Face Patchwork of Various Title IX Rules Thanks to Ongoing Litigation: What Schools Need to Know

Fisher Phillips on

Thanks to several court orders and an August Supreme Court ruling, schools across the country face varying Title IX obligations depending on the state in which they operate – and it doesn’t appear that clarity will come...more

Roetzel & Andress

Federal Judge Temporarily Prevents New Title IX Regulations From Taking Effect in Ohio

Roetzel & Andress on

On June 17, 2024, a United States District Court judge in Kentucky issued a preliminary injunction preventing the 2024 Title IX regulations from going into effect in several states, including Ohio. The 2024 regulations are...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

Akerman LLP

New Title IX Final Rule: What You Need to Know

Akerman LLP on

On April 19, the Department of Education (the Department) released the long-awaited Final Title IX Regulation (Final Rule or New Rule), overhauling the previous administration’s Title IX regulations that were published in...more

Ballard Spahr LLP

Department of Education Issues Amendments to Title IX Regulations

Ballard Spahr LLP on

As long expected, the U.S. Department of Education issued amendments to Title IX regulations following the public comment period. The amended regulations—totaling 1,577 pages—make clear that sex discrimination under Title IX...more

Robinson & Cole LLP

The Department of Education Releases Significant Revisions to Title IX Regulations

Robinson & Cole LLP on

On April 19, 2024, the Department of Education released final Title IX regulations. The significant revisions expand the definition of sexual harassment, attempt to remove barriers to reporting sexual harassment and extend...more

Holland & Knight LLP

U.S. Department of Education Releases Its Long-Awaited Final Title IX Regulations

Holland & Knight LLP on

The U.S. Department of Education (Department) on April 19, 2024, released its final regulations for Title IX, the law that prohibits discrimination on the basis of sex in education programs or activities that receive federal...more

Sands Anderson PC

New Title IX Regulations Cast a Wider Net

Sands Anderson PC on

On April 19, 2024 the long-awaited Biden-era Title IX Regulations dropped. A theme in the U.S. Department of Education’s 2024 Title IX Final Rule: more protection against discrimination based on sex in federally funded...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

Saul Ewing LLP

Appeals Court Holds That Title IX Extends To Claims Of Discrimination Based On Perceived Sexual Orientation

Saul Ewing LLP on

​The U.S. Court of Appeals for the Ninth Circuit recently held that harassment based on perceived sexual orientation constitutes sex discrimination under Title IX, extending the holding from the U.S. Supreme Court's Title VII...more

Fisher Phillips

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

Fisher Phillips on

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

Poyner Spruill LLP

Department of Education Notices Proposed Title IX Regulation Addressing Transgender Participation in Athletics

Poyner Spruill LLP on

Last Thursday, April 6, 2023, the United States Department of Education (USDOE or Department) issued Notice of Proposed Rulemaking (NPRM) regarding sex-related criteria for participation on female and male athletic teams. The...more

Bowditch & Dewey

The 11th Circuit Flushes Away Rights to Bathroom Access in Schools

Bowditch & Dewey on

A federal appeals court in Florida recently weighed in on the national debate about bathrooms and gender identity, teeing up the issue for review by the U.S. Supreme Court. In a decision issued in December 2022, the 11th...more

Tucker Arensberg, P.C.

Legal Issues Involving Transgender Students

Tucker Arensberg, P.C. on

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

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