New Title IX Regulations Now Effective in Some States
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08.02.24
As previously reported, the Biden Administration’s new Title IX regulations went into effect yesterday, August 1, 2024. However, the updated regulations have not yet taken effect in at least 20 states, and at some schools in other states, because of legal challenges and injunctions that block the regulations from becoming effective. As of July 31, 2024, the Department of Education has identified the following states from which it is enjoined from enforcing the new regulations: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Washington. The Department of Education is also enjoined from enforcing the regulations at specific schools and universities.
The majority of the challenges center on the law’s definition of “sex discrimination,” claiming that the inclusion of “gender identity” is inconsistent with the text of Title IX. The Biden Administration requested that the United States Supreme Court allow at least parts of the new regulations to take effect in certain states, but no ruling has been issued yet.
To assist schools with implementing the regulations, the Department of Education issued Pointers for Implementation discussing the key components of the new regulations. However, given the ever changing legal landscape, schools should continue to consult with their legal counsel regarding their Title IX obligations.
Author Stephanie Wolbransky is an associate in the Litigation Department and a member of the education practice group at Klehr Harrison.