News & Analysis as of

Educational Institutions Sexual Orientation

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

Different School of Thought, Part III: New Title IX Regulations Now Blocked by Four Courts, Affecting 15 States

On July 2 and July 11, 2024, two more federal courts issued preliminary injunctions preventing enforcement of the U.S. Department of Education’s new Title IX regulations, scheduled to go into effect on August 1, 2024....more

Bass, Berry & Sims PLC

Title IX Regulations Enjoined in Six More States

Bass, Berry & Sims PLC on

On June 17, Chief Judge Danny Reeves of the Eastern District of Kentucky issued a preliminary injunction staying the effective date, and enjoining enforcement, of the new Title IX regulations in the states of Indiana,...more

TNG Consulting

Update for ATIXA Community on Recent Title IX Regulations Injunctions (Revised 7/16/24)

TNG Consulting on

Last week and early this week, two federal judges granted injunctions to halt enforcement of the 2024 Title IX Final Rule (“2024 Regs”), in its entirety. An injunction is a court order requiring an individual or entity to...more

Bricker Graydon LLP

Kentucky District Court Blocks Implementation of 2024 Title IX Regulations in Kentucky, Ohio, Indiana, Tennessee, Virginia, and...

Bricker Graydon LLP on

A federal judge in the Eastern District of Kentucky has enjoined the United States Department of Education from implementing or enforcing the 2024 Title IX regulations. The injunction is limited to the states of Tennessee,...more

Parker Poe Adams & Bernstein LLP

Pressing Pause: Explanations and Next Steps for Title IX Administrators Following Preliminary Injunctions

In the past week, two U.S. District Court judges have issued preliminary injunctions halting implementation of the recently-released 2024 Title IX final rule....more

Constangy, Brooks, Smith & Prophete, LLP

Diversity has no boundaries: The short-lived discrimination lawsuit against NYU Law Review

Diversity efforts are not synonymous with discrimination. A first-year law student at New York University, identified as Plaintiff John Doe, sued the institution in October 2023, challenging the selection process for...more

Fisher Phillips

States Sue Federal Government Over New Title IX Rules, Vow Not to Comply: What Schools Need to Know and Do Next

Fisher Phillips on

At least 22 states are suing the Biden administration over new Title IX rules set to take effect this summer. The lawsuits claim that the U.S. Department of Education’s new rules – which were released last month and include...more

Venable LLP

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

Venable LLP on

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

Franczek P.C.

General Assembly Amends Act to No Longer Require Reporting of Gender Identity and Sexual Orientation Data

Franczek P.C. on

We previously wrote about Public Act 102-0543, which required the Illinois State Board of Education (“ISBE”) to collect and report student sexual orientation, gender, and sex data. ISBE postponed implementation of the Act in...more

Pullman & Comley - School Law

Wins Scored for Transgender Students and Athletes

In neighboring states last week, the federal courts issued two decisions affirming the rights of transgender students and athletes.  In Connecticut, the Second Circuit of the U.S. Court of Appeals affirmed the dismissal of a...more

BCLP

Proposed Changes to Title IX Unveiled on its 50th Anniversary

BCLP on

On June 23, 2022, the 50th anniversary of Title IX, the U.S. Department of Education released its proposed amendments to its regulations implementing Title IX. As anticipated, the proposed amendments eliminate many of the new...more

Jackson Lewis P.C.

U.S. Department of Education Proposes Amendments to Title IX Regulations

Jackson Lewis P.C. on

In conjunction with the 50th anniversary of Title IX, the U.S. Department of Education has released its proposed amendments to the regulations for Title IX of the Education Amendments of 1972 for public comment....more

Roetzel & Andress

Title IX’s Anniversary Gift – Proposed Changes

Roetzel & Andress on

On Title IX’s 50th Anniversary, the Department of Education announced its proposed changes to Title IX’s implementing regulations concerning sexual misconduct to better align them to Title IX’s nondiscrimination mandate. The...more

Franczek P.C.

ISBE Postpones Gender Identity and Sexual Orientation Data Reporting Requirements

Franczek P.C. on

The Illinois State Board of Education (“ISBE”) has announced that it is postponing its implementation of Public Act 102-0543, which requires ISBE to collect and report student sexual orientation, gender, and sex data. As a...more

Bricker Graydon LLP

[Event] Clery & Title IX Training Drive-In Conference - August 4th, Gambier, OH

Bricker Graydon LLP on

Please join the Ohio Five, in conjunction with Kenyon College and Bricker & Eckler, for a drive-in Clery and Title IX training. Participants will have the opportunity to obtain their annual Clery Act training requirements,...more

Bricker Graydon LLP

Public hearings on Title IX raise questions for coming guidance and regulatory changes

Bricker Graydon LLP on

Educational institutions all over the country have been grappling with the nuances of Title IX compliance since the new Title IX regulations were released last summer. With many stakeholders unhappy with the final...more

Franczek P.C.

Unanswered Questions on OCR’s About-Face on Transgender Rights

Franczek P.C. on

Yesterday, the U.S. Department of Education’s Office for Civil Rights, or OCR, issued a Notice of Interpretation stating that Title IX of the Education Amendments of 1972 prohibits discrimination against LGBTQ+ students and...more

Jackson Lewis P.C.

Title IX Alert Spring 2021

Jackson Lewis P.C. on

To assist collegiate sports administrators in assessing emerging Title IX issues, we are pleased to provide the Spring/Summer 2021 installment of the Title IX Alert. This issue discusses topics such as amended regulations,...more

Jackson Lewis P.C.

The Year Ahead: Litigation Hot Spots at a Glance

Jackson Lewis P.C. on

With COVID-19 giving rise to a whole host of new claims ranging from issues surrounding remote work to tuition reimbursement as well as new developments in the area of sexual orientation and gender identity, employers need a...more

BCLP

What Constitutes Sex Discrimination? Biden Executive Order Foreshadows Significant Changes In Title IX For Institutions of Higher...

BCLP on

Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation - As one of his first acts as president, President Biden issued an Executive Order on Preventing and...more

Franczek P.C.

Connecticut Schools Reportedly Reach Tentative Agreement with OCR on Transgender Athletes

Franczek P.C. on

A local news source from New Haven, Connecticut, reported that the New Haven Public Schools and the U.S. Department of Education’s Office for Civil Rights have reached a tentative agreement on their current transgender...more

Fisher Phillips

June 2020: The Top 21 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Franczek P.C.

ISBE Guidance Addresses Legal Rights of Transgender, Nonbinary, and Gender Nonconforming Students

Franczek P.C. on

School districts across the country are facing uncertainty when it comes to the legal rights of transgender, nonbinary, and gender nonconforming students. A lawsuit in Connecticut and a bill in Arizona, for instance, aim to...more

Ballard Spahr LLP

What Remedy for Transgender Students if HHS Succeeds in Narrowly Redefining Gender Under Title IX?

Ballard Spahr LLP on

The U.S. Department of Health and Human Services (HHS) recently revealed the agency's proposal to narrow the legal definition of sex under Title IX, the federal civil rights law that bans discrimination based on sex in...more

Franczek P.C.

Impact of Changes in Federal Government’s Transgender Approach in Illinois

Franczek P.C. on

A flurry of recent news reports signals a marked change by the Trump administration of the Federal government’s approach toward the rights of transgender students in public education. What, if any, practical implications do...more

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