On January 9, a federal judge in the Eastern District of Kentucky Court vacated the Biden administration’s Title IX regulations. The order strikes down the regulations nationwide, reverting enforcement back to the 2019 Title IX regulations set by the Trump administration. Background The Biden administration’s Title IX final rule was released in April 2024 and... View Article
On August 16, the U.S. Supreme Court ruled against the Biden administration’s request to partially overturn preliminary injunctions from lower courts that block the Department of Education from enforcing the administration’s April 2024 Title IX final rule. The decision leaves the preliminary injunctions from the lower district courts in place, preventing the new Title IX... View Article
On August 1, the Biden administration’s Title IX final rule goes into effect, implementing new requirements for compliance with Title IX for institutions of higher education. However, ongoing legal challenges have blocked the rule from taking effect in 26 states, as well as at certain institutions in states that have not sued the Department of... View Article
Updates: On June 17, a federal judge in the Eastern District Court of Kentucky issued a second preliminary injunction against the Title IX rule, blocking the final rule from taking effect on August 1 in Virginia, Kentucky, Tennessee, Indiana, Ohio and West Virginia. On June 24, the Biden administration filed a notice of appeal for the preliminary injunction... View Article
On April 19, the Department of Education (ED) released the text of the highly anticipated Title IX final rule. The final rule expands protections against sex-based discrimination to cover sexual orientation, gender identity, and pregnancy or related conditions. The rule also revokes both the Trump administration’s ban on campuses using a single person to investigate... View Article
On April 10, the White House Office of Information and Regulatory Affairs (OIRA) announced it had concluded review of the Department of Education’s (ED) final rule to amend Title IX. OIRA review is the final step in the regulatory process, and we expect the ED will issue the final rule any day now. We will... View Article
On February 2, 2024, the Department of Education (ED) sent its highly anticipated Title IX final rule to the White House Office of Information and Regulatory Affairs (OIRA) for review. OIRA review is the final step before the Title IX rule is published. While ED’s final rule is being reviewed, the public is not provided... View Article
On May 26, the Department of Education published a blog post stating that the release of the anticipated Title IX final rule will be delayed until at least October 2023. The final rule was previously targeted in the Fall 2022 Regulatory Agenda for May 2023. In the blog post, the department states that they need... View Article