News & Analysis as of

Sexual Orientation Discrimination Educational Institutions Office of Civil Rights

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

TNG Consulting

Title IX—You’ve Never Had a Regs Implementation Like This Before

TNG Consulting on

The White House Office of Information and Regulatory Affairs (OIRA) completed its review of the 2024 Title IX Final Rule (Rule) last week. OCR quickly finalized it and released it to the public on April 19, 2024, with an...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

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

Franczek P.C.

OCR Issues Q&A on Title IX Regulations on Sexual Harassment

Franczek P.C. on

Tuesday, the U.S. Department of Education’s Office for Civil Rights (OCR) issued new, anticipated guidance concerning the Department’s current regulations related to sexual harassment. The guidance, titled Questions and...more

Pullman & Comley - School Law

OCR and DOJ Issue Clear Guidance that Denying Transgender Students Access to the Bathroom and Sports Team Corresponding to Their...

On June 22, 2021, the United States Department of Education, Office of Civil Rights (“OCR”) and the U.S. Department of Justice, Civil Rights Division (“DOJ) issued a joint Fact Sheet addressed to elementary and secondary...more

Ballard Spahr LLP

Highlights from the U.S. Department of Education’s Title IX Hearings

Ballard Spahr LLP on

Summary - The U.S. Department of Education Office of Civil Rights (OCR) held virtual public hearings and collected written comments on Title IX enforcement from June 7 through June 11, 2021. The hearings kicked off OCR’s...more

Clark Hill PLC

The Department of Education Clarifies That Title IX Applies to Cases Involving Sexual Orientation and Gender Identity

Clark Hill PLC on

The U.S. Department of Education’s Office for Civil Rights (“Department”) has issued an interpretation of Title IX, emphasizing that the law prohibits discrimination based upon (1) sexual orientation; and (2) gender identity....more

Pullman & Comley - School Law

No Question: OCR Recognizes Sexual Orientation and Gender Identity Discrimination as Violation of Title IX

In a somewhat unsurprising development, the United States Department of Education’s Office for Civil Rights [OCR] has issued a new interpretation of Title IX, recognizing that it prohibits discrimination on the basis of...more

Franczek P.C.

Unanswered Questions on OCR’s About-Face on Transgender Rights

Franczek P.C. on

Yesterday, the U.S. Department of Education’s Office for Civil Rights, or OCR, issued a Notice of Interpretation stating that Title IX of the Education Amendments of 1972 prohibits discrimination against LGBTQ+ students and...more

Fisher Phillips

Title IX – Will Everything Old Be New Again?

Fisher Phillips on

[Warning: This article does not reference viruses, vaccines, or mask-wearing.] The education world is in a state of flux, legally speaking. Any day now, the U.S. Supreme Court will further opine on the extent to which the...more

Ballard Spahr LLP

Title IX Roundup: DOJ Memo Protects LGBTQ+ Students, DOE Launches Reg. Review

Ballard Spahr LLP on

Summary - The Civil Rights Division of the United States Department of Justice (DOJ) and the Department of Education (DOE) made back-to-back announcements regarding the implementation and application of Title IX. On April...more

Franczek P.C.

Last Gasps and Opening Salvos: The End and Beginning of a New Era in Title IX, Part 1

Franczek P.C. on

At the beginning of last week, Donald Trump was President of the United States and we were being flooded with last minute Title IX and civil rights guidance from the outgoing Department of Education. As we near the end of the...more

Pullman & Comley - School Law

OCR Doubles Down on Position that Title IX Equity Rules Do Not Protect Transgender Students

On January 8, 2021, the U.S. Department of Education’s Office of Civil Rights issued a memorandum containing its interpretation of Bostock v. Clayton and its lack of effect on OCR’s interpretation of Title IX.  The U.S....more

Franczek P.C.

Connecticut Schools Reportedly Reach Tentative Agreement with OCR on Transgender Athletes

Franczek P.C. on

A local news source from New Haven, Connecticut, reported that the New Haven Public Schools and the U.S. Department of Education’s Office for Civil Rights have reached a tentative agreement on their current transgender...more

Franczek P.C.

Is OCR’s New Approach to Trans Rights in Schools Really Inconsistent? Here’s Why It’s Not

Franczek P.C. on

On September 8, 2020, an Education Dive article quoted me about two recent letters from the U.S. Department of Education’s Office for Civil Rights (OCR) on the impact on Title IX of this year’s landmark U.S. Supreme Court...more

Pullman & Comley - School Law

No Winning: Connecticut’s Transgender Athlete Policy Deemed a Violation of Title IX

In a seismic decision that could wreak havoc with Connecticut school districts, OCR has determined that the Connecticut Interscholastic Athletic Conference [CIAC] policy on transgender athletes violates Title IX of the...more

Franczek P.C.

More Title IX Turmoil: OCR Athletics Decision Puts Transgender Rights in Flux

Franczek P.C. on

It seems like all we talk about these days in the Title IX world is sexual harassment, as we scramble to implement new Title IX regulations that go into effect in August. Yet, this week brought significant news with respect...more

Troutman Pepper

Is Title IX Guidance and Enforcement About to Change?

Troutman Pepper on

On February 22, the U.S. Department of Education issued its first Dear Colleague Letter guidance of the new administration, rescinding the transgender rights guidance that the Obama administration issued last summer. The...more

Hinshaw & Culbertson LLP

Federal Government Issues Guidance to Schools on Title IX and Transgender Students

In a move that made headlines across the country, two federal government agencies issued a significant guidance document last week interpreting Title IX's requirements for protecting transgender students' rights....more

Holland & Knight LLP

Federal Government Provides Schools New Guidance Regarding Transgender Students

Holland & Knight LLP on

Two divisions of the federal government have weighed in on the recent legal controversies surrounding accommodations for transgender students. The U.S. Department of Education's Office for Civil Rights (OCR) and the U.S....more

Clark Hill PLC

United States Fourth Circuit Court of Appeals Adopts OCR's Title IX Gender Identity Interpretation for Transgender Students'...

Clark Hill PLC on

A majority panel of three judges in GG v Gloucester County School Board, U.S. Court of Appeals 4th Cir. Case No. 15-2056 (April 19, 2016), reversed a federal trial court's decision, endorsed the Office of Civil Rights'...more

Franczek P.C.

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

Franczek P.C. on

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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