Title IX Litigation Update

The summer of 2024 has been marked with significant rulings which impact the implementation and enforcement of 2024 Title IX regulations in various states across the country. The latest of these rulings was issued on July 24, 2024 in response to a lawsuit filed in May by the attorneys general in Arkansas, Iowa, Missouri, Nebraska, North Dakota, and South Dakota.

Consistent with previous rulings seen this summer, federal judge Rodney W. Sippel of the Eastern District of Missouri enjoined the U.S. Department of Education from “implementing, enacting, enforcing, or taking any action in any manner to enforce the Final Rule promulgated by the Department of Education titled ‘Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance’.” With this order, the states of Arkansas, Iowa, Missouri, Nebraska, North Dakota, and South Dakota now join 15 other states who will not be required to comply with the August 1 implementation deadline.

As always, please work with your legal counsel to determine if you are affected by any of the rulings issued this summer. If your school is not affected by these rulings, continue to work toward compliance with the Title IX regulations by August 1, 2024.

Department of Education Resources for Implementation

For schools who are still tasked with meeting the August 1, 2024 implementation deadline, the Department of Education released a new resource last week titled “2024 Title IX Regulations: Pointers for Implementation“. This two-page guide highlights the required changes schools must make in key areas in order to satisfy their responsibilities under the new Title IX regulations. Within each listed area, Title IX administrators can find links to the specific regulatory text needed to craft compliant policies, procedures, and other required deliverables.

For additional resources to aid in your journey toward implementation, please visit the Department of Education’s page titled “Sex Discrimination: Overview of the Law” as well as ICS’ own comprehensive resource page for the 2024 Title IX Regulations.