Jan 17, 2025As a result of the court's recent decision, the 2024FinalRule is "off the books" because the court found the challenged provisions are too interwoven to be extricated from the rest of the 2024FinalRule. IHEs should begin preparing to re-implement TitleIX policies that comply with the 2020 FinalRule, which now applies nationwide.
Jan 9, 2025On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky issued a Judgment in State of Tennessee, et al., v.Miguel Cardona, in his Official Capacity as Secretary of Education, et al., that vacated the U.S. Department of Education's 2024FinalRule entitled "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial ...
Jan 20, 2025In a recent and far-reaching decision, a federal court struck down the Biden administration's 2024finalrule, which sought to implement significant changes to TitleIX's regulations (the 2024 ...
Jan 13, 2025The 2024FinalRule. The Biden Administration's 2024 amendments to TitleIX regulations were a significant departure from the prior, Trump-era rules issued in 2020. The new Rule took the position that discrimination based on sexual orientation or gender identity were within the scope of TitleIX's prohibitions.
Jan 15, 2025On Jan. 9, 2025, the Eastern District of Kentucky held in State of Tennessee, et al. v. Miguel Cardona, et al. that the U.S. Department of Education's 2024FinalRule ("FinalRule") implementing TitleIX is "unlawful." This court decision applies nationwide and returns TitleIX to its 2020 regulations. Even before yesterday's ruling, several courts had issued injunctions, resu
Jan 16, 2025The vacatur applies nationwide, meaning the 2020 TitleIXfinalrule and TitleIX regulations are effective. This decision potentially marks the conclusion of extensive national litigation over the 2024TitleIX regulations, which previously had resulted in injunctions preventing their implementation across many states.
Jan 10, 2025The Biden administration exceeded its authority when it expanded the scope of TitleIX in a finalrule passed by the department in April 2024 to include protections for LGBTQ+ students.
Jan 10, 2025On January 9th, a federal district court in Kentucky issued the first decision impacting the 2024TitleIX regulations nationwide. The court's opinion concludes that the regulations are unlawful and must be vacated, or taken "off the books," because they "exceed the [Department of Education's] authority under TitleIX, violate the Constitution, and are the
Jan 10, 2025Legal alert by Lamb McErlane attorneys Kathleen O'Connell Bell and Jake D. Becker. On January 9, 2025, the U.S. District Court of the Eastern District of Kentucky Northern Division issued an Order in Cardona v. Tennessee, which extends nationwide, that struck down the Biden administration's TitleIXrule, which took effect on August 1, 2024, stating that the rule is "arbitrary and ...
Jan 17, 2025Based on this ruling, the TitleIX regulations revert to the 2020 regulations. A Brief History The April 2024 regulation, among other things: Expanded the definition of sex discrimination under TitleIX to include discrimination based on sex stereotypes, sex characteristics, sexual orientation, gender identity, and pregnancy or related conditions.