News & Analysis as of

Students Sexual Orientation Discrimination LGBTQ

Quarles & Brady LLP

Enjoined Before Effective: Revised Title IX Regulations Blocked in 15 States And Counting

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As previously reported, the U.S. Department of Education published its highly-anticipated revised Title IX regulations on April 29, 2024. These regulations move away from the rigid procedural requirements mandated by the...more

Quarles & Brady LLP

The Revised Title IX Regulations are Finally Here: What Has Changed and What to Do Next

Quarles & Brady LLP on

On April 19, 2024, the U.S. Department of Education released the unofficial version of the final revisions to the Title IX of the Education Amendments of 1972 (Title IX) regulations, several months ahead of the late summer...more

Ballard Spahr LLP

Department of Education Issues Amendments to Title IX Regulations

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As long expected, the U.S. Department of Education issued amendments to Title IX regulations following the public comment period. The amended regulations—totaling 1,577 pages—make clear that sex discrimination under Title IX...more

Kohrman Jackson & Krantz LLP

CLIENT ALERT: Biden Administration Releases Long-Awaited Title IX Regulations

On April 19, 2024, the Biden Administration released its long-awaited overhaul of the Title IX regulations governing investigations of alleged sexual misconduct and sex discrimination in federally-funded education programs....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

Benesch

Public Dollars, Private Discrimination: Protecting LGBT Students from School Voucher Discrimination

Benesch on

More than a dozen states operate school voucher programs, which allow parents to apply state tax dollars to their children’s private school tuition. Many schools that participate in voucher programs are affiliated with...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

Ballard Spahr LLP

Proposed Title IX Amendments Protect LGBTQ+ Students

Ballard Spahr LLP on

Summary - On June 23, 2022, the 50th anniversary of Title IX, the U.S. Department of Education released its proposed changes to Title IX regulations, which codify protections for LGBTQ+ students from discrimination based...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

Bricker Graydon LLP

[Event] Clery & Title IX Training Drive-In Conference - August 4th, Gambier, OH

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Please join the Ohio Five, in conjunction with Kenyon College and Bricker & Eckler, for a drive-in Clery and Title IX training. Participants will have the opportunity to obtain their annual Clery Act training requirements,...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

ArentFox Schiff

DOE Announces New Legal Interpretation: Title IX Protects Students from Discrimination Based on Sexual Orientation and Gender...

ArentFox Schiff on

Last week, in a major break from its policy under the Trump administration, the US Department of Education's Office for Civil Rights issued a Notice of Interpretation, explaining that it will enforce Title IX's prohibition...more

Harris Beach PLLC

The Department of Education Now Interprets Title IX to Protect LGBTQ+ Students in Response to President Biden’s Executive Order

Harris Beach PLLC on

LGBTQ+ students are now protected from discrimination under Title IX of the Education Amendments of 1972, a federal law that protects students from sex-based discrimination in public schools. As of last week, Title IX’s...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

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

Rumberger | Kirk

Is School Policy for Transgender Student Bathroom Use Discriminatory Under Title IX?

Rumberger | Kirk on

School’s Policy Prohibiting the Presence of a Transgender Student in the Restroom That Matches Their Gender Identity May Be Unlawful Discrimination....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.

Supreme Court Asked to Give Schools Much-Needed Guidance on Title IX and Transgender Rights

Franczek P.C. on

We have been speculating for quite some time now about what the U.S. Supreme Court will do with Title IX after its decision last term in Bostock v. Clayton County, Georgia. The landmark Bostock decision held that Title VII of...more

Bricker Graydon LLP

New executive order aligns Title IX with Bostock decision

Bricker Graydon LLP on

After months of speculation as to how a new administration may enforce Title IX, newly inaugurated President Biden wasted no time in addressing the matter. On his first day in office, he issued seventeen executive orders,...more

Franczek P.C.

Despite Change in High Court Composition, U.S. Supreme Court Declines to Hear Challenge to Transgender Student Rights

Franczek P.C. on

This week, the U.S. Supreme Court declined to review a decision allowing transgender high school students to use bathrooms and locker rooms consistent with their gender identities. The High Court’s rebuff means the lower...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

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