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Department of Education Office of Civil Rights Transgender

Whiteford

Client Alert: What’s to Become of Title IX?

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Since January, multiple fundamental developments have dramatically altered the Title IX landscape, signaling a seismic shift in its interpretation and enforcement. These developments include a rapidly escalating and public...more

Fox Rothschild LLP

Federal Oversight of Schools Is Changing, But Not Gone

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The long-rumored plan to dismantle the U.S. Department of Education (DOE) took a formal step forward on March 20, 2025, when President Trump signed an Executive Order calling for the agency’s closure. While headlines suggest...more

Fisher Phillips

So You’re Concerned About Losing Federal Funding: 3 Things Schools Should Do Right Now

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Many K-12 and institutes of higher education are concerned about the potential threat to their federal funding given recent changes to the way the government is interpreting existing federal law to achieve certain policy...more

Miller Nash LLP

New Executive Order “Keeping Men Out of Women’s Sports” Creates Challenging Questions for Oregon School Districts

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On February 5, 2025, President Trump issued an Executive Order (EO) entitled Keeping Men Out of Women’s Sports. This EO expresses strong disapproval of policies allowing transgender girls and women to participate on girls’...more

Venable LLP

Between a Rock and a Hard Place: The Legal Debate Over Preferred Pronoun Usage in the Classroom Continues with Institutions of...

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In a July 28, 2023 ruling, the Seventh Circuit has signaled that Institutions of Higher Education (IHEs) seeking to enforce pronoun policies can expect to face increased scrutiny. Specifically, the Seventh Circuit vacated its...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

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

Miller Canfield

U.S. Department of Education Proposes New Title IX Rules on Transgender Student-Athletes

Miller Canfield on

On April 6, 2023, the Department of Education Office for Civil Rights (“OCR”) issued a Notice of Proposed Rulemaking relating to Title IX, a federal law prohibiting sex discrimination in federally funded programs. 20 U.S.C....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

BCLP on

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

Jackson Lewis P.C.

Education Department Proposes New Title IX Regulations for Transgender Student-Athletes

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The U.S. Department of Education Office for Civil Rights (OCR) has proposed a standard that would clarify participation and equal opportunity of transgender students in school athletics....more

Roetzel & Andress

Clashing Times: Developments Concerning Transgender Student Athletes

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On April 6, 2023, the U.S. Supreme Court denied the State of West Virginia’s application to vacate an injunction imposed by the Fourth Circuit Court of Appeals on the State’s enforcement of its version of the “Save Women’s...more

Franczek P.C.

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

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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

Faegre Drinker Biddle & Reath LLP

Executive Order and Courts Clarify Supreme Court Bostock Decision Applies to Title IX, Too

On January 20, 2021, President Joe Biden signed the "Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.” The Executive Order explicitly extends the holding of...more

Franczek P.C.

Last Gasps and Opening Salvos: The End and Beginning of a New Era in Title IX, Part 1

Franczek P.C. on

At the beginning of last week, Donald Trump was President of the United States and we were being flooded with last minute Title IX and civil rights guidance from the outgoing Department of Education. As we near the end of the...more

Pullman & Comley - School Law

OCR Doubles Down on Position that Title IX Equity Rules Do Not Protect Transgender Students

On January 8, 2021, the U.S. Department of Education’s Office of Civil Rights issued a memorandum containing its interpretation of Bostock v. Clayton and its lack of effect on OCR’s interpretation of Title IX.  The U.S....more

Saul Ewing LLP

The Department of Education Rescinds Prior Title IX Guidance Documents and Makes Key Changes to Title IX Case Processing Manual

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Late last week, with no apparent public discussion, the Department of Education (the “Department”) withdrew a number of Office for Civil Rights (“OCR”) guidance documents relating to Title IX in the wake of the new Title IX...more

Franczek P.C.

More Title IX Turmoil: OCR Athletics Decision Puts Transgender Rights in Flux

Franczek P.C. on

It seems like all we talk about these days in the Title IX world is sexual harassment, as we scramble to implement new Title IX regulations that go into effect in August. Yet, this week brought significant news with respect...more

Fisher Phillips

A 9-Step Compliance Plan For Ensuring Transgender Students’ Title IX Rights

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When the 9th Circuit Court of Appeals issued an opinion several weeks ago upholding a public school district’s policy allowing transgender students to use facilities that match their gender identity, it was just the latest...more

Pullman & Comley - School Law

Does Transgender Bathroom Use Create A Sexually Hostile Environment? OCR And The Decatur Public Schools

In a worst-case scenario, the mother of a kindergarten student in the Decatur, Georgia Public Schools has claimed that a “gender fluid” student sexually assaulted her daughter while using the girls bathroom at the students’...more

Jackson Lewis P.C.

Education Department Signals Possible Changes To Sexual Misconduct Dear Colleague Letter

Jackson Lewis P.C. on

The Department of Education Office for Civil Rights has suggested that it is considering significant changes to or rescission of the April 4, 2011, Dear Colleague Letter on schools’ obligations to respond to sexual misconduct...more

Clark Hill PLC

Transgender Equality: Coming to a School Bathroom or Locker Room Near You!

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On February 22, 2017, the U.S. Departments of Education and Justice issued a letter withdrawing the statements of policy and guidance reflected in the May 13, 2016 Dear Colleague Letter on OCR's enforcement of Title IX with...more

Holland & Knight LLP

Office for Civil Rights Issues New Instructions on Transgender Student Complaints

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Changing course on complaints involving transgender students, the U.S. Department of Education's Office for Civil Rights (OCR) recently issued new field instructions to its regional staff excluding discrimination claims based...more

Jackson Lewis P.C.

Investigating Transgender Student Discrimination Under New Education Department Directives

Jackson Lewis P.C. on

Department of Education regional directors have been given new instructions on sex discrimination protections for transgender students under Title IX of the Education Act of 1972. Two updated, internal Office of Civil Rights...more

Holland & Knight LLP

Office for Civil Rights Changes Complaint Investigation Policy

Holland & Knight LLP on

Reversing the practice under the Obama Administration, the U.S. Department of Education's Office for Civil Rights (OCR) has just issued new internal guidance changing how regional OCR offices will investigate discrimination...more

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