News & Analysis as of

Administrative Procedure Act Title IX

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Rejects Education Department’s Bid to Stay Injunctions Barring Enforcement of New Title IX Rules

The Court’s decision leaves in place injunctions barring ED from enforcing the new regulations in over 20 states and against nearly 700 institutions of higher education. The Education Department (ED) released new Title IX...more

Husch Blackwell LLP

Title IX Litigation Tracker: Tensions Rise as Litigation Remains Active Between States and the Federal Government Over Title IX...

Husch Blackwell LLP on

On April 19, 2024, the U.S. Department of Education (“Department”) released the long-awaited Final Rule to Title IX. Title IX of the Education Amendments of 1972 is a statute with corresponding regulations that protect people...more

ArentFox Schiff

Implications of the Dissolution of the Chevron Doctrine on New Title IX Rules

ArentFox Schiff on

On June 28, the US Supreme Court overruled the Chevron doctrine, significantly reducing the power of federal agencies’ staff acting as experts in interpreting federal statutes. The Loper Bright v. Raimondo ruling said that...more

Bass, Berry & Sims PLC

Title IX Regulations Enjoined in Four More States as Department of Education Appeals Earlier Injunctions

Bass, Berry & Sims PLC on

On July 2, Judge John Broomes of the U.S. District Court for the District of Kansas handed down yet another preliminary injunction blocking the Title IX regulations issued in April, following on the heels of similar orders...more

Adams and Reese LLP

2024 Title IX Final Rule Enjoined in Louisiana, Mississippi, Montana, and Idaho

Adams and Reese LLP on

Last Thursday, a United States District Court in Louisiana enjoined implementation of the amended Title IX regulations (2024 Final Rule), the first decision in one of several cases challenging the 2024 Final Rule. The new...more

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

Different School of Thought: 15 States Sue to Challenge 2024 Title IX Regulations

As previously discussed in our four-part series, on April 19, 2024, the U.S. Department of Education released final Title IX regulations that apply to complaints of sex discrimination occurring on or after the effective date...more

TNG Consulting

2024 Title IX Regulations Compliance Series: The Regulations Are Not Retroactive

TNG Consulting on

Oh no, not another blog about the Title IX Regulations! I know, how many summaries of the same thing can you read? But here’s the thing: ATIXA’s compliance series is not another summary. It is designed to highlight topics you...more

TNG Consulting

Title IX Regs Watch: Do We All Need to Learn How to Pronounce Sine Die?

TNG Consulting on

If you’re a Latin pedant, you’ll want to use the traditional ‘see-nay de-ay,’ but the common American English pronunciation used in legislative machinations is ‘sigh-neh dye.’ Perhaps it ought to be “sign or die” to be more...more

Holland & Knight LLP

Religious Institutions Update: March 2023

Holland & Knight LLP on

Donors State Claims for Misuse of Their Funds, But Not as a Class Action - In Carrier v. Ravi Zacharias Int'l Ministries, Inc. No. 1:21-CV-3161-TWT, 2022 WL 1540206 (N.D. Ga. May 13, 2022) and Carrier v. Ravi Zacharias...more

Cozen O'Connor

Federal Judge Enjoins Agency Guidance on Transgender Students

Cozen O'Connor on

A federal judge in the U.S. District Court for the Eastern District of Tennessee granted 20 Republican AGs’ request to block the Biden Administration’s interpretation of Title VII and Title IX of the Civil Rights Act, which...more

Jackson Lewis P.C.

Education Department Ceases Enforcement Of Title IX Regulatory Provision Barring Reliance On Certain Statements

Jackson Lewis P.C. on

The U.S. Department of Education’s Office for Civil Rights has announced that it will immediately cease enforcement of the Title IX regulatory provision prohibiting decision-makers’ reliance on statements not subject to...more

TNG Consulting

Implementing the Cardona Decision for Fall 2021 – What Should Colleges Do Now That the Title IX Suppression Rule is Dead?

TNG Consulting on

Many in the Title IX field watched last week as two different federal courts denied challenges to the validity of the 2020 Title IX regulations under the Administrative Procedure Act (APA). The regulations survived these...more

Pillsbury Winthrop Shaw Pittman LLP

Title IX Compliance Deadline Quickly Approaching

District Courts in New York and the District of Columbia have denied motions to enjoin the August 14 effective date for new Title IX regulations for college campuses. The U.S. Department of Education rule establishing...more

Bass, Berry & Sims PLC

States Sue to Postpone and Invalidate New Title IX Regulations

Bass, Berry & Sims PLC on

On June 4, two separate lawsuits were filed by states against the Department of Education (the Department) alleging that the Department violated the Administrative Procedure Act (APA) in promulgating the final rules...more

Holland & Knight LLP

Religious Institutions Update: December 2019 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Key Cases - School States Claim Against State Superintendent for Unconstitutional Discrimination In Bethel Ministries, Inc. v. Salmon, No. SAG-19-01853, 2019 WL 6034988 (D. Md. Nov. 14, 2019), the court denied Maryland...more

FordHarrison

U.S. Department of Education Faces Lawsuit Challenging Recent Guidance Concerning Campus Sexual Misconduct

FordHarrison on

Title IX of the Education Amendments of 1972 (Title IX) and its corresponding regulations prohibit sex discrimination in education programs or activities conducted by educational institutions that receive federal financial...more

Pullman & Comley - School Law

Clear and Convincing: DOE v. Jackson, Devos, and the future of campus sexual misconduct investigations

On September 7, 2017, Betsy DeVos, the Secretary of Education, announced that the United States Department of Education intended to revisit the “Dear Colleague” letter that the Department’s Office for Civil Rights, or “OCR,”...more

Tucker Arensberg, P.C.

Latest Legal Developments on Transgender Student Issues

Tucker Arensberg, P.C. on

Gloucester County School Board v. G.G., 136 S. Ct. 2442 (U.S. 2016): Supreme Court Stays Fourth Circuit Order allowing transgender student to use boys’ restroom; State of Texas, et al. v. United States of Amercia, et al.,...more

Seyfarth Shaw LLP

Texas District Court Enjoins Federal Gender Identity Protection Of Students

Seyfarth Shaw LLP on

Seyfarth Synopsis: In State of Texas v. United States, a District Court issued a nationwide injunction to enjoin the Department of Education and Department of Justice from enforcing their guidelines on accommodations for...more

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