Keenan Briefings

Briefing

Title IX “Final Rule” Struck Down by The Courts

On January 9, 2025, the United States District Court, Eastern District of Kentucky ruled that the U.S. Department of Education’s (“Department”) April 2024 Title IX final regulations were improper and are to be vacated. As such, the ruling is applicable to all schools, not just the schools within the plaintiff states. Although an appeal is possible, the impending change in presidential administrations makes the likelihood of an appeal unlikely.

Based on this ruling, the Title IX regulations revert to the 2020 regulations.

A Brief History

The April 2024 regulation, among other things:

• Expanded the definition of sex discrimination under Title IX to include discrimination based on sex stereotypes, sex characteristics, sexual orientation, gender identity, and pregnancy or related conditions.
• Required schools to respond promptly to all complaints of sex discrimination with a fair, transparent, and reliable process that includes unbiased decision makers.
• Prohibited schools from making disclosures of personally identifiable information with limited exceptions.
• Prohibited discrimination and harassment based on sexual orientation, gender identity, and sex characteristics in federally funded education programs.

These regulations were set to go into effect on August 1, 2024. However, several states filed injunctions arguing that the rule and the related regulations were unlawful and that the Department of Education exceeded its authority to implement them, therefore blocking their implementation.

The court ruled that the Department of Education did exceed its authority in expanding the scope to include "gender identity" in the definition of discrimination. The court further rejected the department's argument that the Supreme Court’s decision in Bostock v. Clayton County, Ga., expanded the definition of discrimination "on the basis of sex." The court ruled that the Bostock decision is limited to employment under Title VII of the Civil Rights Act and not applicable to Title IX.

Implications

As a result of the ruling, school districts and colleges should revert to the 2020 Title IX policies. Accordingly, the department and the Office for Civil Rights have published a resource for students, families, and educators to inform them of their rights under the 2020 Title IX Regulation:Online or Digital Sexual Harassment under the 2020 Title IX Regulations: A Resource for Students, Families, and Educators.

This vacated rule can have a bigger implication on current ongoing investigations. Whether the investigation should continue the course with the 2024 Title IX process or revert to the 2020 process can create concern. For example, one of the biggest changes in the process is whether complaints that were not set for live hearings, could now be subject to one. Some have suggested that the current investigations should revert to the 2020 regulations. However, before continuing with the investigations, legal counsel should be sought to further understand the implications the ruling has on current investigations.

Although this ruling has impacted schools in many states, California law expressly prohibits discrimination on the basis of gender, gender identity, gender expression, and sexual orientation. California law further defines sexual harassment differently from federal law and the 2020 Title IX regulations.

Nevertheless, it is highly recommended that school districts and colleges reach out to legal counsel to further discuss the impact this ruling will have on their policies and compliance with not only Title IX but also local state laws.

Keenan is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Clients are advised to consult with their own attorney for a determination of their legal rights, responsibilities, and liabilities, including the interpretation of any statute or regulation, or its application to the clients’ business activities.