News & Analysis as of

Transgender Students Public Schools

Parker Poe Adams & Bernstein LLP

Not (Just) in Kansas Anymore: Latest Title IX Preliminary Injunction Impacts Schools Nationwide

On July 2, a district court in Kansas joined ranks with other courts across the country in granting a preliminary injunction blocking implementation or enforcement of the 2024 Title IX final rule. ...more

Spilman Thomas & Battle, PLLC

WV Transgender School Athlete Successful in U.S.Court

On April 16, 2024, the U.S. Court of Appeals for the Fourth Circuit determined that because West Virginia law and practice have long provided for sex-differentiated sports teams, the sole purpose of the West Virginia "Save...more

Fisher Phillips

Here’s How the Highly Anticipated Changes to Title IX Could Affect Colleges, Universities, and Public K-12 Schools

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The Department of Education (DOE) is expected to issue two major amendments to Title IX regulations next month that could cause headaches for educational institutions with classes already in full swing. One rule will address...more

Holland & Knight LLP

Office of Civil Rights Proposes New Rule on Transgender Student Participation in Athletics

Holland & Knight LLP on

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

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

Rumberger | Kirk

Is Separate Equal For Public School Sports?

Rumberger | Kirk on

How will the Eleventh Circuit’s Ruling In Adams – Separate Is Equal for Public School Bathrooms – Affect Constitutionality of Florida Statute Prohibiting Transgender Girls from Participating in Designated Public School Girl’s...more

Tucker Arensberg, P.C.

Legal Issues Involving Transgender Students

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In recent years, the legal rights of transgender students have been litigated in courts around the country. While court decisions have provided some guidance for school districts, many questions remain. This article addresses...more

TNG Consulting

Federal Court Grants Injunction Permitting Transgender Student to Play Softball Despite Indiana State Law

TNG Consulting on

A.M., by her mother and next friend, E.M. v. Indianapolis Public Schools, No: 1:22-cv-01075-JMS-DLP; Federal District Court, Southern District of Indiana - A.M. is a 10-year-old transgender girl and a rising fifth grader...more

Fisher Phillips

Top 6 Workplace Law Predictions for Education Employers – and What You Should Do to Prepare

Fisher Phillips on

We recently provided our predictions for what education employers could expect to see in the area of workplace law over the next year as part of our FP Forecast series – but we had too many insights to fit into that edition....more

Roetzel & Andress

When Pronouns Matter: Legal Issues Related To Transgender Students

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In a 5 to 0 vote, the West Point Public Schools Board of Education terminated Peter Vlaming, a French teacher employed by the District for approximately seven years, for refusing to use a transgender student’s preferred male...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

Fisher Phillips

10-Step Plan To Ensure Bullying Doesn’t Cost You

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For the first time, a court used a civil rights law to hold a school district financially accountable in a case of student bullying. In the recent case of Cohen v. Philadelphia School District, the court awarded $500,000 to a...more

Husch Blackwell LLP

Update On Federal Courts Addressing Transgender Issues In Schools: Grimm V. Gloucester County School Board And Doe V. Boyertown...

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Within the last couple of weeks, two decisions were issued that relate to transgender students’ use of facilities in public schools. In Grimm v. Gloucester County School Board, on remand from the U.S. Supreme Court and the...more

FordHarrison

During Last Week of School Seventh Circuit Rules in Favor of Transgender Teen On Restroom Use

FordHarrison on

On May 30, 2017, on the heels of the Seventh Circuit’s ground-breaking en banc decision in Hively v. Ivy Tech. College holding that sexual orientation is a protected trait under Title VII, a unanimous three-judge panel of...more

Franczek P.C.

Transgender High School Student Prevails in Bathroom Access Case Before Federal Appellate Court Over Illinois

Franczek P.C. on

In an opinion issued last week, the Seventh Circuit Court of Appeals decided in favor of a transgender student who challenged his high school’s decision to limit his access to boys’ communal bathrooms. ...more

Seyfarth Shaw LLP

Seventh Circuit Affirms Likelihood of Success that School’s Bathroom Policy Violates Title IX and Equal Protection Clause

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Seventh Circuit affirmed that a transgender student demonstrated a likelihood of success on claims that his school district’s decision to prohibit him from using the boys’ restroom violated both Title...more

Bond Schoeneck & King PLLC

Supreme Court Remands Gloucester County School Board v. G.G., Will Not Hear Transgender Student’s Case

The Supreme Court will not review the Fourth Circuit’s decision in Gloucester County School Board v. G.G. despite agreeing in October 2016 to do so. The Fourth Circuit’s decision in favor of G.G., a transgender Virginia high...more

Dickinson Wright

Obama-Era Guidance on Transgender Student Rights Reversed by Departments of Education and Justice

Dickinson Wright on

On February 22, 2017, President Donald Trump’s administration issued a two-page "Dear Colleague" letter that formally rescinded the Obama administration’s interpretation of transgender student rights as an extension of Title...more

Seyfarth Shaw LLP

Trump Administration Withdraws Prior Department of Education Interpretations Regarding Title IX Protections Afforded to...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Departments of Justice and Education jointly issued a “Dear Colleague” letter yesterday withdrawing and rescinding the Obama Administration’s prior guidance letters which instructed schools that...more

Ruder Ware

Trump Administration Withdraws Transgender Guidance

Ruder Ware on

On February 22, 2017, one day before briefs were submitted to the Supreme Court in a case involving a transgender student in Pennsylvania, the Trump Administration, through the Department of Justice (DOJ) and the Department...more

Ruder Ware

Breaking: Supreme Court to Weigh in on Transgender Restroom Access in Schools

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The U.S. Supreme Court on Friday accepted a closely watched case over restroom access for transgender students. Gloucester County School Board v. G.G., will examine whether the Title IX education code’s prohibition on “sex”...more

Tucker Arensberg, P.C.

Appeals Court Holds that Title IX Requires Schools to Provide Transgender Students Access to Restrooms Congruent with their Gender...

Tucker Arensberg, P.C. on

G. G. v. Gloucester County School Board, 2016 U.S. App. LEXIS 7026 (4th Cir. Va. Apr. 19, 2016). A three-judge panel of the Court of Appeals for the Fourth Circuit reverses the lower court’s dismissal of a transgender boy’s...more

Genova Burns LLC

Transgender Accommodation Issues at the Forefront of Employment and Education

Genova Burns LLC on

Earlier this month, the Equal Employment Opportunity Commission (EEOC) released a new Fact Sheet, announcing its formal position on bathroom access rights for transgender employees. The Fact Sheet provides employers with a...more

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