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Title IX Updates: Key Wins—and a Loss—in Federal Courts for Transgender Students and Athletes

Happy New Year from the Title IX team at Franczek! Over the next several posts, we will be providing Title IX updates from the end of 2022 that you might have missed, as well as noteworthy items to keep an eye on in 2023. ...more

Two Grievance Procedures in the New Title IX Proposed Regs?

You may have noticed while skimming through the new Title IX proposed regulations that there are now seemingly two grievance procedures to address Title IX complaints instead of one. You’ll recall that the current 2020...more

The Next Mile in Gender Litigation: Transgender Participation in Women’s Sports

Litigants challenging the opening of women’s restrooms and locker rooms in schools to transgender females have roundly been defeated. While the Supreme Court could always change the trend, cases like Whitcare v. Kenosha...more

Gender Identity and Special Education

With the number of students who identify as gender non-conforming on the rise, many educators have questions regarding the supports and services that may be available to such students. This year at IAASE, Jennifer Smith and...more

Illinois State Law Protections for Transgender Students Increase As Slowdown in Federal Enforcement Continues

In a recent decision, the Illinois Human Rights Commission (IHRC) ruled that Illinois schools cannot limit transgender students’ unfettered access to the locker rooms that correspond to their gender identities. The decision...more

Governor Pritzker Signs Executive Order Addressing Gender Identity in Illinois Schools

On June 30, 2019, Illinois Governor JB Pritzker signed an executive order aimed at studying and providing recommendations on legal rights and supports in the school environment for transgender, non-binary, and gender...more

We Can’t All Just Get Along: Handling Student Disagreement on Sensitive Issues

One of the loftiest goals of K-12 education is to teach children to disagree respectfully, but what do you do if they disrespectfully disagree—especially on a hot button, highly-sensitive topic?...more

Impact of Changes in Federal Government’s Transgender Approach in Illinois

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

Administration Withdraws Transgender Guidance While Considering Legal Issues

The U.S. Department of Justice (DOJ) and Department of Education (DOE) jointly issued a statement rescinding the guidance on transgender students’ rights under Title IX issued to school districts nationwide in May. The prior...more

New Administration Signals Change on Support of Transgender Guidance

On Friday, the Trump administration signaled that it will not defend the guidance given by the U.S. Department of Justice (DOJ) and Department of Education (DOE) last May on transgender students’ rights under Title IX of the...more

Illinois Court Finds In Favor of School District in Dispute Over District’s Decision to Allow Bathroom and Locker Room Access for...

In an opinion issued yesterday, U.S. District Court Magistrate Judge Jeffrey Gilbert decided that Township High School District 211 “balanced the interests of all its students when it decided to permit transgender students to...more

Federal Appeals Court Decries State of Federal Civil Rights Law on Sexual Orientation Discrimination

On Thursday, the United States Court of Appeals for the Seventh Circuit re-affirmed prior court holdings that Title VII of the Civil Rights Act does not prohibit discrimination based on sexual orientation, but in so doing...more

New Federal Guidelines on Supporting Transgender Students Under Title IX

Amidst a recently intensified national debate regarding support for transgender students in schools, the U.S. Department of Justice (DOJ) and Department of Education (DOE) today issued new guidance setting out guidelines for...more

First Federal Appeals Court Rules that Title IX Applies in Transgender Bathroom Case

Yesterday, in a landmark ruling, a federal appellate court decided that under Title IX a transgender student can challenge a school board policy that limits bathroom and locker room access based on biological sex. The United...more

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