News & Analysis as of

Students Gender Discrimination

Clark Hill PLC

SCOTUS’s Ames Decision Provides a Roadmap for Title IX Lawsuits Brought by Male Plaintiffs

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In Ames v. Ohio Dep’t of Youth Servs., No. 23-1039, 2025 WL 1583264 (U.S. June 5, 2025), the Supreme Court held unanimously that the “background circumstances” rule imposed by some lower courts, requiring members of a...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

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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

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

Pullman & Comley - School Law

Kentucky Federal Court Vacates the 2024 Title IX Regulations in Their Entirety

The Federal District Court of Kentucky just issued a sweeping ruling vacating the 2024 Title IX Regulations that went into effect on August 1, 2024.  The case, State of Tennessee v. Miguel Cardona, is one of numerous cases...more

Spilman Thomas & Battle, PLLC

WV Transgender School Athlete Successful in U.S.Court

On April 16, 2024, the U.S. Court of Appeals for the Fourth Circuit determined that because West Virginia law and practice have long provided for sex-differentiated sports teams, the sole purpose of the West Virginia "Save...more

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

2024 Title IX Regulation Update, Part I: Grievance Procedures for Resolving Complaints of Sex Discrimination and Sex-Based...

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...more

TNG Consulting

Don’t Let the Title IX Regs Release Date Be a Barrier to Your Barrier Analysis (Part One)

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The new Title IX regulations are delayed until at least October 2023. What should your campus do proactively to prepare? Starting with the new regulations, barrier analysis will likely become a formal part of a Title IX...more

Bricker Graydon LLP

[Event] Southwest Ohio K-12 Lunch & Learn - June 21st, West Chester Township, OH

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Join a team of experienced Southwest Ohio-based attorneys from Bricker Graydon for an afternoon discussion of trending legal issues affecting Ohio's K-12 schools. Then, stay to network and play some golf with your...more

Holland & Knight LLP

Office of Civil Rights Proposes New Rule on Transgender Student Participation in Athletics

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The U.S. Department of Education's Office for Civil Rights (OCR) published on April 6, 2023, a Notice of Proposed Rulemaking (NPRM) about sex-related criteria used to limit or deny a student's ability to participate in...more

Franczek P.C.

OCR Releases Proposed Rule Updating Title IX on Student Eligibility for Athletics

Franczek P.C. on

On April 6, the Department of Education Office for Civil Rights (OCR) released its much-anticipated proposed Title IX rule on the eligibility of students for participation in athletic programs based on their gender identity....more

BCLP

Department of Education’s New Proposed Rule for Transgender Participation in Athletics

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The participation of transgender athletes in youth, interscholastic, and elite sport has long been a highly charged political issue domestically and internationally, with a vast range of different approaches to regulating...more

Franczek P.C.

Title IX Updates in Athletics: Recent OCR Guidance, Complaint Resolution

Franczek P.C. on

Athletics is poised to be a major topic in Title IX this year. The participation of transgender athletes in school sports continues to dominate headlines, as we reported earlier on this blog, while gender inequity remains a...more

Bowditch & Dewey

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

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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

TNG Consulting

Navigating Accommodations for Pregnancy & Related Conditions Post-COVID

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The October 2022 release of the Department of Education’s resource for students and schools on Discrimination Based on Pregnancy and Related Conditions reminds Title IX Coordinators of their responsibility to address all...more

Clark Hill PLC

Title IX Celebrates 50 Years and the U.S. Department of Education Releases Proposed Changes to Title IX Regulations

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June 23, 2022, marked the 50-year anniversary of Title IX, as well as the release date of the U.S. Department of Education’s (USDOE) long-awaited proposed changes to the Title IX regulations for federally funded elementary...more

Bailey & Glasser, LLP

[Webinar] Title IX 50th Anniversary Primer: Time to Sue? - June 23rd, 2:00 pm - 3:00 pm ET

Bailey & Glasser, LLP on

Title IX of the Education Amendments of 1972 prohibits gender discrimination by schools nationwide, including in intercollegiate athletics. But almost all colleges and universities in America are violating it. And history...more

Brooks Pierce

Ensure Your School Policies Protect Gender Diverse Students

Brooks Pierce on

With an increasing number of teens and tweens identifying as transgender or nonbinary, or “gender diverse,” school districts are grappling with a number of potential issues that may not have been on their radar just a few...more

Lathrop GPM

Navigating Considerations of Race and Sex in Scholarships

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Perhaps now more than ever, colleges and universities are undertaking or rejuvenating diversity, equity, and inclusion (DEI) initiatives across their organizations, and many donors are motivated to support such initiatives,...more

Pullman & Comley - School Law

OCR and DOJ Issue Clear Guidance that Denying Transgender Students Access to the Bathroom and Sports Team Corresponding to Their...

On June 22, 2021, the United States Department of Education, Office of Civil Rights (“OCR”) and the U.S. Department of Justice, Civil Rights Division (“DOJ) issued a joint Fact Sheet addressed to elementary and secondary...more

Pullman & Comley - School Law

No Question: OCR Recognizes Sexual Orientation and Gender Identity Discrimination as Violation of Title IX

In a somewhat unsurprising development, the United States Department of Education’s Office for Civil Rights [OCR] has issued a new interpretation of Title IX, recognizing that it prohibits discrimination on the basis of...more

TNG Consulting

How to Navigate When Title IX and Cancel Culture Clash

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Title IX of the Education Amendments of 1972 prohibits sex discrimination in any education program or activity receiving federal financial assistance. Title IX promotes gender equity in educational settings and requires...more

Rumberger | Kirk

Is School Policy for Transgender Student Bathroom Use Discriminatory Under Title IX?

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School’s Policy Prohibiting the Presence of a Transgender Student in the Restroom That Matches Their Gender Identity May Be Unlawful Discrimination....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

Franczek P.C.

Supreme Court Asked to Give Schools Much-Needed Guidance on Title IX and Transgender Rights

Franczek P.C. on

We have been speculating for quite some time now about what the U.S. Supreme Court will do with Title IX after its decision last term in Bostock v. Clayton County, Georgia. The landmark Bostock decision held that Title VII of...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

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