News & Analysis as of

Federal Funding Title IX

Tucker Arensberg, P.C.

Student Cannot Claim Damages for Emotional Distress or Negligence Arising from Hazing

Michael Reed V. Mount Carmel Area School District, Et Al., Case No. 4:23-Cv-00890 (M.d. Pa., October 3, 2023) U.S. District Court dismissed claims against School District for emotional distress under Title IX and for...more

Brooks Pierce

U.S. Department of Education Unveils a New Landscape for Addressing Sex Discrimination in Schools

Brooks Pierce on

On April 19, 2024, the U.S. Department of Education released its final changes to the Title IX regulations. The new rules will go into effect on August 1, 2024. “Title IX” refers to Title IX of the Education Amendments of...more

Sherman & Howard L.L.C.

Dept. of Education Expands Title IX Protections, Preserves Religious Exemption in Updated Regulations

On April 19, 2024, the U.S. Department of Education (ED) issued its long-awaited “final rule” broadening and clarifying the scope of Title IX, a federal statute that prohibits sex discrimination in education programs...more

Holland & Knight LLP

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

Holland & Knight LLP on

The U.S. Department of Education (Department) on April 19, 2024, released its final regulations for Title IX, the law that prohibits discrimination on the basis of sex in education programs or activities that receive federal...more

Clark Hill PLC

Fourth Circuit Clarifies Contours of Laws Applicable to Tax-Exempt Entities

Clark Hill PLC on

The “hook” of many federal anti-discrimination measures, including Title VI, Title IX, Section 504 of the Rehabilitation Act, and Section 303 of the Age Discrimination Act, is “receiving Federal financial assistance.”...more

Venable LLP

Title IX and Tax-Exempt Status: Fourth Circuit Holds That 501(c)(3) Status Is Not Federal Financial Assistance

Venable LLP on

In 2022, and as previously discussed here, two separate federal district courts each held that an independent school's status as a 501(c)(3) tax-exempt organization is considered a school's receipt of federal financial...more

Kohrman Jackson & Krantz LLP

Title IX in Medical Institutions: Legal Insights for Doctors and Medical Students

TITLE IX IN MEDICAL INSTITUTIONS - Many years ago, we wrote an article explaining that hospitals can investigate and adjudicate Title IX matters just like educational institutions. Just this past May 2023, the Cleveland...more

Husch Blackwell LLP

Highlights from the Department’s Notice of Proposed Rulemaking Concerning Athletic Eligibility

Husch Blackwell LLP on

On April 6, 2023, the U.S. Department of Education released a notice of proposed rulemaking (NPRM), which was published in the Federal Register on April 13, 2023, on athletic eligibility under Title IX. The express aim of the...more

Morgan Lewis

US Awaits Substantial Changes to Title IX Regulations – Will They Apply to You?

Morgan Lewis on

Despite popular belief that Title IX applies only to higher education institutions, the regulations interpreting Title IX—and court decisions analyzing and applying those regulations—apply the statute much more broadly. This...more

Franczek P.C.

OCR Releases Proposed Rule Updating Title IX on Student Eligibility for Athletics

Franczek P.C. on

On April 6, the Department of Education Office for Civil Rights (OCR) released its much-anticipated proposed Title IX rule on the eligibility of students for participation in athletic programs based on their gender identity....more

Rumberger | Kirk

Title IX: How Do Colleges and Universities Comply?

Rumberger | Kirk on

At its core, Title IX appears to be simple – public and private schools receiving federal funding shall not discriminate against any person based on sex. And yet, in application, Title IX is far from simple. What’s more, is...more

Husch Blackwell LLP

Title IX’s Reach May Expand: Application to Non-Profits and Schools Not Accepting Federal Funding

Husch Blackwell LLP on

In July 2022, two federal district courts on opposite sides of the country issued opinions that have the potential to have a major impact on non-profits and schools not accepting federal funding throughout the country....more

Robinson & Cole LLP

Federal Court Rules Tax-Exempt Independent Schools Must Comply with Title IX

Robinson & Cole LLP on

A recent federal court Title IX decision could affect private and independent schools nationwide. In Buttner-Hartsoe v. Balt. Lutheran High Sch. Ass’n, No. RDB-20-3229 (D. Md. July 21, 2022), five women brought a Title IX...more

Miles & Stockbridge P.C.

Cause for Concern in the Education Industry: Two Federal Courts Find Title IX Applies to Private K-12 Schools

In a stunning decision that has the potential to change the way independent private schools operate, a federal district judge recently ruled in Conrad v. Baltimore Lutheran High School Association d/b/a Concordia Preparatory...more

BakerHostetler

HHS Proposes Rule Strengthening Section 1557 Protections Against Nondiscrimination in Health Activities

BakerHostetler on

​​​​​​​On Aug. 4, the Department of Health and Human Services (HHS) published its proposed rule, Nondiscrimination in Health Care and Activities (Proposed Rule), to revise its regulations pertaining to Section 1557 of the...more

Carlton Fields

New Cases Apply Title IX to Independent Schools: Tips for Schools and Next Steps

Carlton Fields on

Title IX and its regulations apply to recipients of federal funds. Most independent schools do not receive federal funds and therefore Title IX compliance has not been traditionally required....more

Venable LLP

Title IX and Tax-Exempt Status: What Two Recent Federal Court Opinions Mean for Independent Schools

Venable LLP on

Historically, independent schools have not been required to comply with certain federal non-discrimination laws, including Title IX of the Education Amendments Act of 1972 (Title IX), because they did not accept federal...more

Sherman & Howard L.L.C.

Court Blocks EEOC Guidance on Transgender Bathroom and Pronoun Policies

Last summer, the Equal Employment Opportunity Commission (EEOC) issued guidance for employers addressing — among other things — bathroom use and pronouns for transgender workers. A federal court has now blocked the EEOC from...more

Saul Ewing LLP

The U.S. Supreme Court Holds That Emotional Damages Are Not Available Under Spending Clause Statutes, Including Title IX and Title...

Saul Ewing LLP on

On April 28, 2022, the U.S. Supreme Court held in Cummings v Premier Rehab Keller, P.L.L.C. that emotional distress damages are not recoverable in a private action to enforce several civil rights statutes. While Cummings...more

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

U.S. High Court Says No Emotional Distress Damages For Discrimination under Rehab Act and ACA

The Supreme Court of the United States, on April 28, 2022, held that emotional distress damages are not available for private discrimination claims under the federal Rehabilitation Act of 1973 and the Affordable Care Act...more

FordHarrison

U.S. Supreme Court Holds that Spending Clause Antidiscrimination Statutes do not Permit Recovery of Damages for Emotional Distress

FordHarrison on

Executive Summary: In a groundbreaking opinion authored by Chief Justice Roberts in Cummings v. Premier Rehab Keller, P.L.L.C., the United States Supreme Court held that damages for emotional distress are not recoverable in a...more

Laner Muchin, Ltd.

SCOTUS Rules Emotional Distress Damages Unavailable for Suits Under Certain Federal Anti-Discrimination Laws

Laner Muchin, Ltd. on

In a recent April 28, 2022 decision, the Supreme Court of the United States (SCOTUS) ruled in favor of a Texas physical therapy provider, Premier Rehab Keller, PLLC (Premier Rehab), in a suit where petitioner Jane Cummings...more

Miller Canfield

Department of Education Issues Interpretive Ruling Prohibiting Sex-Based Discrimination Against Gay & Transgender Students Under...

Miller Canfield on

On June 16, 2021, the U.S. Department of Education ("DOE") issued a "Notice of Interpretation" expanding protection of gay and transgender students under Title IX to include educational institutions receiving federal monies....more

Tucker Arensberg, P.C.

What every school district must do to comply WITH THE NEW Title IX Regulations Addressing Sexual Harassment

Tucker Arensberg, P.C. on

On May 6, 2020, the United States Department of Education issued its long-awaited Final Regulations (the “Regulations”) that focus on Title IX protections for victims of sexual misconduct. The new regulations impose a number...more

Holland & Knight LLP

An Early Read on the New Title IX Regulations

Holland & Knight LLP on

After a lengthy notice and comment process and much anticipation, new Title IX regulations were issued by the U.S. Department of Education on May 6, 2020. The regulations comprise approximately 25 pages, and the preamble to...more

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