2024 was an exciting year for all things Title IX, and 2025 is already following suit. On January 9, 2025, the United States District Court of the Eastern District of Kentucky vacated the 2024 Title IX regulations nationwide. The court held that the 2024 regulations “exceed the [Department of Education’s] authority under Title IX, violate the Constitution, and are the result of arbitrary and capricious agency action.”
For nearly half the states, this decision sent shock waves throughout the educational world, as schools now must scramble to decide what to do. However, this decision has no effect on the remaining states and over 700 schools because they were already under court order to use the 2020 regulations.
For all schools affected by the court’s ruling yesterday, here is some advice:
- Don’t panic. Consult with your legal counsel. You need to strategize about the best path forward.
- The Department of Education will likely issue guidance on how best to move forward.
- You had a 2020 policy that was in effect until July 31, 2024. Dust that policy off and re-read it. Start thinking about what changes you must make to re-implement the 2020 policy.
- Communicate with your campus. Let them know you are aware of the court’s decision and are implementing steps to ensure that your campus is compliant.
Although the timing of this decision is surprising, the reality is that Title IX was heading back to the 2020 regulations (or something very similar) under the Trump administration. The timeline just got pushed up with no notice. Take a breath. You’ve got this. Reach out if you need any assistance in navigating these ever-changing waters.
