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The White House Office of Information and Regulatory Affairs (OIRA) completed its review of the 2024 Title IX Final Rule (Rule) last week. OCR quickly finalized it and released it to the public on April 19, 2024, with an...more
Late last week the Connecticut State Department of Education (“CSDE” or “Department”) issued new guidance addressing the rights of transgender students in Connecticut schools. Entitled Guidance on Civil Rights Protections...more
Title IX of the Education Amendments of 1972 (Title IX) is a federal statute that prohibits discrimination on the basis of sex in the context of education. The statute is most commonly associated with athletics, and most know...more
In a highly anticipated decision earlier this month, OCR reaffirmed the broad discretion that religious institutions may have under the religious exemption in Title IX. ...more
Tuesday, the U.S. Department of Education’s Office for Civil Rights (OCR) issued new, anticipated guidance concerning the Department’s current regulations related to sexual harassment. The guidance, titled Questions and...more
On June 22, 2021, the United States Department of Education, Office of Civil Rights (“OCR”) and the U.S. Department of Justice, Civil Rights Division (“DOJ) issued a joint Fact Sheet addressed to elementary and secondary...more
The U.S. Department of Education’s Office for Civil Rights (“Department”) has issued an interpretation of Title IX, emphasizing that the law prohibits discrimination based upon (1) sexual orientation; and (2) gender identity....more
In a somewhat unsurprising development, the United States Department of Education’s Office for Civil Rights [OCR] has issued a new interpretation of Title IX, recognizing that it prohibits discrimination on the basis of...more
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
On Wednesday, June 16, the United States Department of Education issued a Notice of Interpretation (“Interpretation”) “to make clear that the Department interprets Title IX’s prohibition on sex discrimination to encompass...more
[Warning: This article does not reference viruses, vaccines, or mask-wearing.] The education world is in a state of flux, legally speaking. Any day now, the U.S. Supreme Court will further opine on the extent to which the...more
Summary - The Civil Rights Division of the United States Department of Justice (DOJ) and the Department of Education (DOE) made back-to-back announcements regarding the implementation and application of Title IX. On April...more
As discussed in a prior post, OCR under the former President went to great lengths to interpret Bostock v. Clayton (which established that discrimination against someone for being transgender or homosexual was sex...more
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
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
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
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
On September 8, 2020, an Education Dive article quoted me about two recent letters from the U.S. Department of Education’s Office for Civil Rights (OCR) on the impact on Title IX of this year’s landmark U.S. Supreme Court...more
In a seismic decision that could wreak havoc with Connecticut school districts, OCR has determined that the Connecticut Interscholastic Athletic Conference [CIAC] policy on transgender athletes violates Title IX of the...more
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
Healthcare employers take note: the Department of Health and Human Services (“HHS”) has issued a proposed rule that, if passed, will allow healthcare workers who object to performing certain medical procedures like abortions...more
On February 22, the U.S. Department of Education issued its first Dear Colleague Letter guidance of the new administration, rescinding the transgender rights guidance that the Obama administration issued last summer. The...more
In May 2016, the Obama Administration’s U.S. Department of Justice’s Civil Rights Division and U.S. Department of Education’s Office for Civil Rights issued a Dear Colleague letter directing schools to recognize and treat...more
Timely Topics - The final rule implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA) was issued by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) on May...more
Two divisions of the federal government have weighed in on the recent legal controversies surrounding accommodations for transgender students. The U.S. Department of Education's Office for Civil Rights (OCR) and the U.S....more