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Fourth Circuit: School’s 501(c)(3) Status Does Not Constitute Federal Financial Assistance for Title IX Purposes

On March 27, 2024, in a long-awaited decision that carries major implications for 501(c)(3) organizations and independent schools, the Fourth Circuit held that an independent school’s 501(c)(3) tax-exempt status did not...more

Evolving Legal Framework Regarding Transgender Students

On April 6, 2023, the U.S. Supreme Court and the U.S. Department of Education addressed the treatment of transgender students in sports. Specifically, in West Virginia, et al. v. B.P.J., by her next friend and mother,...more

10th Circuit Rules on Class Action to Compel Creation of Girls-Only High School Football Team

On Jan. 4, 2023, the 10th U.S. Circuit Court of Appeals made two important findings in a class-action case seeking to compel the creation of a girls-only football team for high-school girls....more

Recent Court Opinions Suggest Independent Schools May Be Subject to Title IX

Historically, most independent schools have not been subject to Title IX of the Education Amendments Act of 1972 because they do not accept federal funds. As a result, many independent schools carefully evaluate whether to...more

DOJ Title IX Investigation Leads to $1.6M Agreement with San Jose State University

The Department of Justice’s Civil Rights Division, the U.S. Attorney’s Office for the Northern District of California, and San Jose State University (SJSU) settled the government’s Title IX investigation into a decade’s worth...more

Public Hearings: Title IX Rule and Discrimination Based on Sexual Orientation, Gender Identity

On May 17, 2021, the U.S. Department of Education’s Office for Civil Rights (OCR) announced that public hearings on the Title IX final rule defining sexual harassment as a form of sex discrimination will be held virtually...more

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