Any school district with a Moms for Liberty chapter may be affected by the Kansas federal court's preliminary injunction

The new Title IX regulations set to take effect on August 1 will likely be put on hold at an unidentified number of schools around the country – including some schools in Pennsylvania – at some time in the near future.

Precisely which school districts will be affected by the Kansas federal court's injunction remains an unanswered question. Additional information is expected in a filing to be made in the case on July 15, 2024.

The scope of the preliminary injunction is unclear due to the coalition of parties that joined in the litigation. Issued on July 2, 2024 by the U.S. District Court for the District of Kansas, the injunction halts the U.S. Department of Education’s enforcement of the new regulations, known as the "Final Rule," against:

• The states of Kansas, Alaska, Utah, and Wyoming
• The school attended by an individual student, K.R.
• Three organizations – Moms for Liberty (MFL), Young America’s Foundation and Female Athletes United

This injunction is unlike similar injunctions issued in recent weeks that enjoined the Final Rule only in specific states.

The Kansas federal court did not issue a universal preliminary injunction, which would have blocked enforcement of the Final Rule throughout the United States. Instead, the ruling will affect a “patchwork” of school districts across the country.

The court has directed MFL to submit to the court, by July 15, 2024, a list of the schools nationwide attended by a minor child of a member of MFL and to file that list with the court by July 15, 2024. At some point following that filing, the court has indicated it will issue a preliminary injunction officially prohibiting the U.S. Department of Education from enforcing the Final Rule at those particular schools. MFL is not required to identify its members or the students purportedly attending the affected schools.

If a school district has a Moms for Liberty chapter, it will likely be identified in the preliminary injunction to be issued. If that is the case, the school district will continue to enforce the 2020 Title IX regulations until the Kansas case has been resolved on the merits.

Given this injunction and recent U.S. Supreme Court jurisprudence eliminating the rule that courts should defer to an agency’s interpretation of a statute, it is possible, if not likely, that the Final Rule will eventually be enjoined throughout the country and never come into effect. Until that happens, however, school districts not identified in the MFL filing should prepare for the Final Rule’s implementation on August 1, 2024.

The court's docket reflects that the U.S. Department of Education has filed an appeal and a motion to stay parts of the preliminary injunction related to Moms for Liberty and the extent of the injunction.

FAQ:

Are all school districts in Pennsylvania affected?

No. Only those districts identified in the injunction issued after the court receives the list from Moms for Liberty will be affected.

Are intermediate units and career and technical schools affected?

Yes, if any of their feeder schools are affected. Otherwise, no.

When will we know whether our district, IU or career and technical school is affected?

Fox Rothschild is monitoring the Kansas court’s docket. As soon as we learn which clients are affected, we will reach out to them individually.

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