Complimentary Webinar: Attorneys General Fought the New Title IX Rules: The Clash Between States & the Department of Education

Register here to attend on June 26, 2024 at 1:00 pm CDT

Twenty-six states are suing in seven different courts to stop the implementation of the new Title IX rules. Some governors and other state officials have directed schools not to implement the new federal rules, including the Texas Education Agency in a June 13 letter to Texas public schools that they should continue complying with the 2020 Title IX rules if they are seeking to receive grant funds from the TEA.

Things are moving fast! Yesterday, we received the first court decision, which preliminarily enjoins the enforcement and implementation of the new Title IX rules in Louisiana, Mississippi, Montana, and Idaho.

And Texas is calling! On June 11, in a 112-page opinion in Texas v. Cardona, a Texas federal district court in Wichita Falls enjoined the Department of Education’s 2021 Notice of Interpretation that Title IX protects LGBTQ+ individuals. The court declared that ED’s 2021 interpretation that Title IX’s prohibition on sex discrimination includes sexual orientation and gender identity was unlawful. (Today, the Sixth Circuit affirmed a 2022 Tennessee district court decision reaching the same conclusion.) While this case was not a challenge to the new Title IX rules, this same court is considering a challenge to the new rules in a case filed by one Texas school district also contesting the protections of LGBTQ+ students. And the Texas Attorney General has a lawsuit pending in federal court in Amarillo seeking to enjoin the enforcement and implementation of the new Title IX rules, which we previously discussed here. Briefing in that lawsuit is ongoing and we expect a ruling in July.

But wait, there’s more! On Monday, June 10, a federal district court in Kentucky held a hearing on the challenge to the new rules filed by six states—Kentucky, Indiana, Ohio, Tennessee, Virginia, and West Virginia. We expect a ruling from the court in the coming days or weeks. And Alabama, Alaska, Arkansas, Florida, Georgia, Iowa, Kansas, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, and Wyoming also have lawsuits pending in federal courts across the country.

We are monitoring them all so that you don’t have to.

Where does this leave schools? Between a rock and a hard place and definitely not in complete control. Schools in these 26 states are waiting to see how the courts will rule. Schools across the country are wondering if one of the challenges filed by the 26 states might apply nationwide. And time is tight with an August 1,2024 implementation deadline for the new rules.

As they are awaiting word from the courts, educational institutions are asking themselves: Do we follow federal laws and regulations upon which our federal funding is conditioned? Or, do we follow any state directives we are receiving? What if these state directives are also tied to state funding of public education? These are difficult questions being asked by school board members and in educational administrators’ offices across the country.

We may not have all the answers . . . but we can provide you with up-to-the minute information about where things stand in the courts. This can help your school evaluate what it needs to do in light of the current August 1 implementation deadline for the new Title IX rules and any pending lawsuits that may impact your school.

Join us on June 26, 2024 at 1:00 p.m. CDT for Attorneys General Fought the New Title IX Rules: The Clash Between States & the Department of Education—the fifth complimentary webinar in the T&H TacTIXs 2024 Title IX Webinar Series. Our Title IX team will let you know more about where things are and where things are going in Texas and across the country regarding the new Title IX rules. You can register here.

And follow titleixtips.com in the coming days and weeks as we provide updates about what is happening in Texas and nationwide with the new Title IX rules.