News & Analysis as of

Educational Institutions Gender Identity Sexual Orientation Discrimination

Ogletree, Deakins, Nash, Smoak & Stewart,...

Different School of Thought, Part III: New Title IX Regulations Now Blocked by Four Courts, Affecting 15 States

On July 2 and July 11, 2024, two more federal courts issued preliminary injunctions preventing enforcement of the U.S. Department of Education’s new Title IX regulations, scheduled to go into effect on August 1, 2024....more

Parker Poe Adams & Bernstein LLP

Pressing Pause: Explanations and Next Steps for Title IX Administrators Following Preliminary Injunctions

In the past week, two U.S. District Court judges have issued preliminary injunctions halting implementation of the recently-released 2024 Title IX final rule....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Different School of Thought, Part II: New Title IX Regulations Blocked in Ten States

On June 17, 2024, the U.S. District Court for the Eastern District of Kentucky granted a preliminary injunction staying enforcement of the U.S. Department of Education’s new Title IX regulations....more

Robinson & Cole LLP

The Department of Education Releases Significant Revisions to Title IX Regulations

Robinson & Cole LLP on

On April 19, 2024, the Department of Education released final Title IX regulations. The significant revisions expand the definition of sexual harassment, attempt to remove barriers to reporting sexual harassment and extend...more

Littler

U.S. Department of Education Issues Long-Awaited Final Title IX Regulations

Littler on

On April 19, 2024, the U.S. Department of Education issued its updated final regulations enforcing Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §1681 et seq., which will govern sex discrimination...more

Sands Anderson PC

New Title IX Regulations Cast a Wider Net

Sands Anderson PC on

On April 19, 2024 the long-awaited Biden-era Title IX Regulations dropped. A theme in the U.S. Department of Education’s 2024 Title IX Final Rule: more protection against discrimination based on sex in federally funded...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 3, March 2024

Welcome to the third issue of The Academic Advisor for 2024. In this edition, we examine the following topics of import for schools, institutions of higher education, and other education-focused organizations: -...more

Pullman & Comley - School Law

Connecticut State Department of Education Issues New Transgender Student Guidance

Late last week the Connecticut State Department of Education (“CSDE” or “Department”) issued new guidance addressing the rights of transgender students in Connecticut schools.  Entitled Guidance on Civil Rights Protections...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Revives Teacher’s Religious Discrimination Case Over Transgender Students’ Names and Pronouns

On July 31, 2023, the Seventh Circuit Court of Appeals revived a Christian teacher’s religious discrimination lawsuit over his refusal to refer to transgender students by their names and pronouns with which they identified. ...more

Saul Ewing LLP

Appeals Court Holds That Title IX Extends To Claims Of Discrimination Based On Perceived Sexual Orientation

Saul Ewing LLP on

​The U.S. Court of Appeals for the Ninth Circuit recently held that harassment based on perceived sexual orientation constitutes sex discrimination under Title IX, extending the holding from the U.S. Supreme Court's Title VII...more

Carlton Fields

Biden Administration Seeks to Prohibit Blanket Ban on Transgender Student Athletes

Carlton Fields on

Transgender athletes’ participation in school sports has been an area of focus for governing bodies like the National Collegiate Athletic Association and the Connecticut Interscholastic Athletic Conference, as well as state...more

Poyner Spruill LLP

Department of Education Notices Proposed Title IX Regulation Addressing Transgender Participation in Athletics

Poyner Spruill LLP on

Last Thursday, April 6, 2023, the United States Department of Education (USDOE or Department) issued Notice of Proposed Rulemaking (NPRM) regarding sex-related criteria for participation on female and male athletic teams. The...more

TNG Consulting

11th Circuit Breaks with Other Appeals Courts, Upholds K-12 Sex-Based Bathroom Policy

TNG Consulting on

Adams v. School Board of St. John’s County, 3:17-cv-00739, 2022 WL 18003879 (11th Cir. 2022) Adams, a transgender boy, sued the board of his Florida school district (“the School Board”) after his high school prohibited...more

Franczek P.C.

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

Franczek P.C. on

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

Nelson Mullins Riley & Scarborough LLP

Title IX’s Implications for the LGBTQ+ Community

The City of Atlanta celebrates LGBTQ+ Pride in October for several reasons — National Coming Out Day is celebrated on Oct. 11; the anniversary of the National March on Washington for Lesbian and Gay Rights serves as a...more

Hinshaw & Culbertson LLP

[Hybrid Event] Navigating the Stop W.O.K.E. and Don't Say Gay Acts: A Legislative Update - October 28th, 4:00 pm EDT

Hinshaw is pleased to bring together Fort Lauderdale Mayor Dean J. Trantalis, Senior Political Director Joe Saunders of Equality Florida, Public Policy Director Mike Ziri of Equality Illinois, and Hinshaw Attorneys Andrew...more

TNG Consulting

Federal Court Grants Preliminary Injunction Halting Department of Education Guidance Prohibiting Discrimination Based on Gender...

TNG Consulting on

Twenty states sued to halt enforcement of the Department of Education’s (ED) guidance implementing Executive Order No. 13988, titled “Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity...more

Bowditch & Dewey

[Webinar] 2022 Proposed Title IX Regulations: What You Need to Know - July 19th, 11:00 am - 12:00 pm ET

Bowditch & Dewey on

On June 23, the Department of Education issued a proposed rulemaking that would alter obligations to address sex discrimination that affects employees and students, including sexual harassment, pregnancy discrimination, and...more

Franczek P.C.

Two Grievance Procedures in the New Title IX Proposed Regs?

Franczek P.C. on

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

Jenner & Block

Key Takeaways from the New Proposed Title IX Regulations

Jenner & Block on

The Department of Education marked the fiftieth anniversary of Title IX, the landmark civil rights law prohibiting sex discrimination in federally funded education programs and activities, by releasing its highly anticipated...more

Robinson & Cole LLP

Department of Education Proposes Revamping Title IX Sexual Harassment Regulations

Robinson & Cole LLP on

On June 23, 2022, the 50th anniversary of the passage of Title IX, the Department of Education (DOE) released proposed major changes to the current Title IX regulations made effective in August 2020. The proposed revisions...more

Pullman & Comley - School Law

U.S. Department of Education Issues Proposed Revisions to the Title IX Regulations Regarding Sexual Harassment

On the 50th anniversary of Title IX, the U.S. Department of Education released draft revisions to Title IX’s regulations.  The draft regulations and supporting commentary are approximately 700 pages long and will take some...more

Nelson Mullins Riley & Scarborough LLP

Why ‘Don’t Say Gay’ Bills are Antithetical to an Equitable and Inclusive Education

According to a 2019 GLSEN national survey of LGBTQ+ students, nearly 60% of surveyed students reported they felt unsafe at school because of their sexual orientation and 43% because of their gender expression. Within the same...more

Bowditch & Dewey

Department of Education Issues Proposed Changes to Title IX Regulations

Bowditch & Dewey on

On June 23, 2022, the Department of Education issued a Notice of Proposed Rulemaking (NPRM) that would alter obligations to address sex discrimination that affects employees and students, including sexual harassment,...more

Franczek P.C.

OCR Dismisses LGBTQ+ Complaint Based on Title IX Religious Exemption

Franczek P.C. on

In a highly anticipated decision earlier this month, OCR reaffirmed the broad discretion that religious institutions may have under the religious exemption in Title IX.  ...more

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