News & Analysis as of

Transgender Public Schools

Bricker Graydon LLP

Breaking News: Supreme Court Title IX Update

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On July 22, 2024, the Solicitor General, Elizabeth B. Prelogar, submitted applications to the United States Supreme Court seeking partial stays on injunctions from the Western District of Louisiana and the Eastern District of...more

Parker Poe Adams & Bernstein LLP

Not (Just) in Kansas Anymore: Latest Title IX Preliminary Injunction Impacts Schools Nationwide

On July 2, a district court in Kansas joined ranks with other courts across the country in granting a preliminary injunction blocking implementation or enforcement of the 2024 Title IX final rule. ...more

Holland & Knight LLP

Injunction of 2024 Title IX Regulations Impacts Schools Nationwide

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A federal district court in Kansas enjoined the U.S. Department of Education's (Department) enforcement of the 2024 Title IX regulations in a unique manner that impacts educational institutions nationwide. The decision...more

Holland & Knight LLP

Religious Institutions Update: July 2024

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Vaccine Exemption Policy Requiring Citation to Official Doctrine Violates First Amendment Madison Houghton and Nathan A. Adams IV In Does 1-11 v. Bd. of Regents of Univ. of Colorado, 100 F. 4th 1251 (10th Cir. 2024), former...more

Jackson Lewis P.C.

Applying Groff, Indiana District Court Rules in Favor of Employer in Religious Accommodation Claim

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Applying the U.S. Supreme Court’s decision in Groff v. DeJoy, which clarified the standard for undue hardship in religious accommodation cases under Title VII of the Civil Rights Act, a federal district court in Indiana...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

Bricker Graydon LLP

After House Bill 68 Override, Implications for Education in Ohio

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The Ohio legislature’s override of House Bill 68 comes after nearly two years of debate about how to handle mental health, healthcare, and athletics for transgender youth. School districts and higher education institutions...more

Holland & Knight LLP

Religious Institutions Update: January 2024

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Failure to Extend Extracurricular Opportunities to Parochial School Students Violates Free Exercise In Religious Rights Foundation of Pa. v. State College Area Sch. Dist., No. 23-CV-01144, 2023 WL 8359957 (M.D. Pa. Dec. 1,...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

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

BCLP

UK HR Two-Minute Monthly: July 2023

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Our July update includes cases on the dismissal of a devout Christian dismissed for gross misconduct for social media criticism of pro-LGBTQ+ teaching at schools, allowances that tribunals should make to litigants in person...more

Maynard Nexsen

2023 Legislative Update: Regular Session Week Eight

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Education Trust Fund Budget - The Senate approved the $8.8 billion Education Trust Fund Budget (ETF), the state’s mechanism for education-related funding after being modified by the Senate Ways and Means Education...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

McGuireWoods Consulting

North Carolina General Assembly Week in Review - April 2023 #2

The North Carolina General Assembly resumed its session this week after a legislative spring break last week. Legislators hit the ground running with back-to-back committee meetings in both chambers, hearing dozens of bills....more

Miles & Stockbridge P.C.

Department of Education Issues Proposed Title IX Amendment Regarding Athlete Eligibility

The federal Department of Education released a notice of proposed rulemaking earlier this month addressing gender identity and participation in athletics. ...more

Franczek P.C.

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

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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

Rumberger | Kirk

Is Separate Equal For Public School Sports?

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How will the Eleventh Circuit’s Ruling In Adams – Separate Is Equal for Public School Bathrooms – Affect Constitutionality of Florida Statute Prohibiting Transgender Girls from Participating in Designated Public School Girl’s...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

TNG Consulting

Federal Court Grants Injunction Permitting Transgender Student to Play Softball Despite Indiana State Law

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A.M., by her mother and next friend, E.M. v. Indianapolis Public Schools, No: 1:22-cv-01075-JMS-DLP; Federal District Court, Southern District of Indiana - A.M. is a 10-year-old transgender girl and a rising fifth grader...more

Fisher Phillips

Top 6 Workplace Law Predictions for Education Employers – and What You Should Do to Prepare

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We recently provided our predictions for what education employers could expect to see in the area of workplace law over the next year as part of our FP Forecast series – but we had too many insights to fit into that edition....more

Dentons

Iowa 2022 Legislative Session – Week 6

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The Iowa legislature met its first major milestone of the 2022 legislative session. Today brings the close of the first legislative funnel. This means that for bills to remain “alive” and eligible for further action, the...more

Rumberger | Kirk

Florida Legislature Proposes Bill Banning Transgender School/College Athletes From Girls’ & Women’s Sports

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Legislation Would Allow Schools and Colleges to Request a Health Exam to Verify Student’s Sex - The Florida legislature has entered into the fray regarding whether transgender athletes can compete in sports at their public...more

Cranfill Sumner LLP

President Biden’s Executive Order on Gender Identity and Sexual Orientation: Implications for Schools

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For educational institutions, one of President Joe Biden’s inaugural Executive Orders ushers in yet another significant, multi-faceted, complicated policy change for educational institutions. On his very first day as...more

Miles & Stockbridge P.C.

Fourth Circuit Again Addresses Bathroom Access Rights of the Transgendered

Gender segregation in bathrooms, which some conservatives have predicted for decades would be undermined by sex discrimination laws, has in fact proven to be a persistent target for civil rights litigation in at least one...more

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