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Transgender Gender Identity Department of Education

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 7, July 2024

July 29, 2024 Welcome to the seventh issue of The Academic Advisor – our e-newsletter focused on education law insights.    In this final summer edition, we look ahead to the new academic year and cover the following...more

Bricker Graydon LLP

Breaking News: Supreme Court Title IX Update

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On July 22, 2024, the Solicitor General, Elizabeth B. Prelogar, submitted applications to the United States Supreme Court seeking partial stays on injunctions from the Western District of Louisiana and the Eastern District of...more

Parker Poe Adams & Bernstein LLP

Not (Just) in Kansas Anymore: Latest Title IX Preliminary Injunction Impacts Schools Nationwide

On July 2, a district court in Kansas joined ranks with other courts across the country in granting a preliminary injunction blocking implementation or enforcement of the 2024 Title IX final rule. ...more

Fisher Phillips

States Sue Federal Government Over New Title IX Rules, Vow Not to Comply: What Schools Need to Know and Do Next

Fisher Phillips on

At least 22 states are suing the Biden administration over new Title IX rules set to take effect this summer. The lawsuits claim that the U.S. Department of Education’s new rules – which were released last month and include...more

Venable LLP

Playing by the Rules: Sports Programs Face Challenges in Including Transgender Athletes

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A West Virginia law introduced as the "Save Women's Sports Act," which banned transgender athletes from competing on girls' and women's sports teams, was recently struck down by the Fourth Circuit Court of Appeals. ...more

Fisher Phillips

Here’s How the Highly Anticipated Changes to Title IX Could Affect Colleges, Universities, and Public K-12 Schools

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The Department of Education (DOE) is expected to issue two major amendments to Title IX regulations next month that could cause headaches for educational institutions with classes already in full swing. One rule will address...more

Venable LLP

Between a Rock and a Hard Place: The Legal Debate Over Preferred Pronoun Usage in the Classroom Continues with Institutions of...

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In a July 28, 2023 ruling, the Seventh Circuit has signaled that Institutions of Higher Education (IHEs) seeking to enforce pronoun policies can expect to face increased scrutiny. Specifically, the Seventh Circuit vacated its...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

Jenner & Block

Client Alert: Key Takeaways from the New Proposed Rulemaking on Transgender Student Athletic Participation

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Earlier this month, the Department of Education released an “Athletics Notice of Proposed Rulemaking,” which would prohibit federal funding recipients from categorically excluding transgender students from the athletics teams...more

Holland & Knight LLP

Office of Civil Rights Proposes New Rule on Transgender Student Participation in Athletics

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The U.S. Department of Education's Office for Civil Rights (OCR) published on April 6, 2023, a Notice of Proposed Rulemaking (NPRM) about sex-related criteria used to limit or deny a student's ability to participate in...more

Miles & Stockbridge P.C.

Department of Education Issues Proposed Title IX Amendment Regarding Athlete Eligibility

The federal Department of Education released a notice of proposed rulemaking earlier this month addressing gender identity and participation in athletics. ...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

BCLP

Department of Education’s New Proposed Rule for Transgender Participation in Athletics

BCLP on

The participation of transgender athletes in youth, interscholastic, and elite sport has long been a highly charged political issue domestically and internationally, with a vast range of different approaches to regulating...more

Husch Blackwell LLP

Department of Education Publishes Proposed Regulation Governing Athletics Eligibility Based on Gender Identity

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On April 6, 2023, the U.S. Department of Education issued a proposed rule that would govern a school, college, or university’s ability to regulate participation by transgender athletes on teams designated “men’s” and...more

Carlton Fields

Biden Administration Seeks to Prohibit Blanket Ban on Transgender Student Athletes

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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

Bowditch & Dewey

DOE Issues Proposed Rules on Athletics and Gender Identity

Bowditch & Dewey on

On April 6, the Department of Education issued a notice of proposed rulemaking under Title IX, which would regulate how gender identity factors into athletics participation. The proposed rule would apply to students in K-12...more

Spilman Thomas & Battle, PLLC

New Proposed Changes to Title IX: Students’ Eligibility for Athletic Teams

As schools and institutions of higher education anticipate the release of new Title IX regulations this May, on Thursday, April 6, the U.S. Department of Education (the “Department”) released a new notice of proposed...more

Jackson Lewis P.C.

Virginia Education Department Releases New Model Policies on Treatment of Student Gender Identity

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The Virginia Department of Education issued new 2022 Model Policies pursuant to Virginia School Code § 22.1-23.3 that reverse the 2021 Model Policies. The new policies provide that parents, not students, must communicate with...more

Bricker Graydon LLP

Gender check-the-box options are expanded on federal forms

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Effective March 31, 2022, President Biden has announced a number of changes designed to remove barriers faced by transgender Americans. These changes include modifying certain federal forms that require an applicant to choose...more

Jackson Lewis P.C.

Biden Administration Marks Transgender Visibility Day With Plan of Support

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On Transgender Day of Visibility 2022, March 31, the Biden Administration published a Fact Sheet outlining its dedication to equality and visibility for transgender, non-binary, and gender non-conforming Americans....more

FordHarrison

Department of Education Extends Title IX Protections to Gay and Transgender Students

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Executive Summary: June is Pride Month. On June 16, 2021, Miguel Cardona, Secretary of the U.S. Department of Education (the “Department”) under President Joe Biden, issued a Notice of Interpretation stating that Title IX...more

Miller Canfield

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

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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

Faegre Drinker Biddle & Reath LLP

Executive Order and Courts Clarify Supreme Court Bostock Decision Applies to Title IX, Too

On January 20, 2021, President Joe Biden signed the "Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.” The Executive Order explicitly extends the holding of...more

Franczek P.C.

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

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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

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