News & Analysis as of

Transgender Students Sex Discrimination

Fox Rothschild LLP

New Title IX Regs on Hold in Some States: How Colleges and Universities Can Still Prepare for August 1 Effective Date

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Federal court injunctions, upheld by two appellate courts, mean the new regulations will take effect only in a patchwork of states. But with an effective date looming, all universities must be prepared to implement a series...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

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 4, April 2024

Welcome to the fourth issue of The Academic Advisor for 2024. We begin this edition with discussion of Title IX of the Education Amendments of 1972. On April 19, 2024, the U.S. Department of Education released its...more

Kohrman Jackson & Krantz LLP

CLIENT ALERT: Biden Administration Releases Long-Awaited Title IX Regulations

On April 19, 2024, the Biden Administration released its long-awaited overhaul of the Title IX regulations governing investigations of alleged sexual misconduct and sex discrimination in federally-funded education programs....more

Fisher Phillips

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

Fisher Phillips on

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

McGuireWoods LLP

Evolving Legal Framework Regarding Transgender Students

McGuireWoods LLP on

On April 6, 2023, the U.S. Supreme Court and the U.S. Department of Education addressed the treatment of transgender students in sports. Specifically, in West Virginia, et al. v. B.P.J., by her next friend and mother,...more

Fisher Phillips

Recent Ruling on School’s Transgender Bathroom Policy Leads to Divide Among Federal Appeals Courts: Will SCOTUS Weigh In?

Fisher Phillips on

A Florida public school’s transgender bathroom ban was recently upheld by a federal appeals court, leading to a circuit split that may need to be resolved by the U.S. Supreme Court. Specifically, in a 7-4 ruling, the 11th...more

Bowditch & Dewey

The 11th Circuit Flushes Away Rights to Bathroom Access in Schools

Bowditch & Dewey on

A federal appeals court in Florida recently weighed in on the national debate about bathrooms and gender identity, teeing up the issue for review by the U.S. Supreme Court. In a decision issued in December 2022, the 11th...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

Tucker Arensberg, P.C.

Legal Issues Involving Transgender Students

Tucker Arensberg, P.C. on

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

Franczek P.C.

What’s the Future for Biden Administration Protections for LGBTQ+ Students and Employees under Title IX?

Franczek P.C. on

Recent court and OCR decisions regarding transgender students and employees reflect widely varying responses to the Biden administration’s efforts to expand protections for LGBTQ+ individuals under federal law, including...more

Cohen Seglias Pallas Greenhall & Furman PC

Department of Education to Propose Title IX Revisions Supporting Transgender Students

The Washington Post recently reported that new proposed Title IX language referencing transgender students should be expected from the Department of Education (the Department) this month. The reported proposed regulations...more

Pullman & Comley - School Law

OCR and DOJ Issue Clear Guidance that Denying Transgender Students Access to the Bathroom and Sports Team Corresponding to Their...

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

Rumberger | Kirk

Is School Policy for Transgender Student Bathroom Use Discriminatory Under Title IX?

Rumberger | Kirk on

School’s Policy Prohibiting the Presence of a Transgender Student in the Restroom That Matches Their Gender Identity May Be Unlawful Discrimination....more

Franczek P.C.

Last Gasps and Opening Salvos: The End and Beginning of a New Era in Title IX, Part 2

Franczek P.C. on

President Joseph Biden has been in office for over three weeks, bringing more changes in the realm of Title IX. Where are we now, what do we need to know and do, and what is expected to come? ...more

McAfee & Taft

Court applies Bostock’s “because of… sex” ruling to Title IX case

McAfee & Taft on

This past June, the U.S. Supreme Court decision in Bostock v. Clayton County expanded the protections of Title VII, which prohibits an employer from discriminating against an employee or applicant “because of … sex,” to...more

Fisher Phillips

Federal Appeals Court Rules In Favor Of Transgender Teen In Landmark Bathroom Case

Fisher Phillips on

In a major win for transgender rights, the 4th Circuit Court of Appeals recently ruled in favor a transgender teenager who wanted to use the boys’ bathroom at his former school, finding that the school district violated his...more

Fisher Phillips

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

Fisher Phillips on

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

Franczek P.C.

Can a Transgender Female Student compete on a Girls’ Sports Team? Supreme Court Justices Address the Question in LGBT Employment...

Franczek P.C. on

The U.S. Supreme Court heard oral arguments on October 8 in three closely watched cases addressing whether Title VII, which prohibits employment discrimination “because of … sex,” covers discrimination based on LGBT...more

Husch Blackwell LLP

Supreme Court Of Missouri Opines On Sex Discrimination Under The Missouri Human Rights Act

Husch Blackwell LLP on

On February 26, 2019, the Supreme Court of Missouri issued an en banc opinion in R.M.A. v. Blue Springs Sch. Dist., No. SC96683. The court held that a transgender student who was barred from using the boys’ locker room had...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

Fisher Phillips

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

Fisher Phillips on

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

Constangy, Brooks, Smith & Prophete, LLP

Happy 45th Birthday, Title IX: You’ve Changed A Bit Over The Years

A law was born. On June 23, 1972, President Richard Nixon signed into law Title IX of the Education Amendments Act of 1972: “No person in the United States shall, on the basis of sex, be excluded from participation in, be...more

Clark Hill PLC

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

Clark Hill PLC on

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

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