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2024 Federal Title IX Regulations:
Information and Resources for Schools

(Last updated July 19, 2024)

New Title IX regulations are scheduled to take effect on August 1, 2024; but pending litigation may affect the status of the regulations 

The U.S. Department of Education has released final amendments to the Title IX regulations. The amendments are scheduled to take effect on August 1, 2024, but intervening legal challenges may result in a delay that affects some or all school districts and/or some or all parts of the regulations. (See the box below that further addresses those legal challenges.)

For a broad summary of some of the key changes (subject to the pending litigation), please see:

 

The following are some of the initial resources that accompanied the announcement of the Final Rule:

  • The Final Rule, as published in the Federal Register.
    Caution! The PDF file that contains the final regulations is over 400 pages long, although most of the content consists of commentary and guidance that accompanies the final regulations. The actual amendments to the regulations can be found in this this excerpt, which represents pages 33882 through 33896 of the PDF document (as the pages are numbered within the Federal Register).

 

  • A U.S. Department of Education summary of the major provisions of the final regulations.
  • A U.S. Department of Education Fact Sheet, which presents a broad overview of the Final Rule.
  • A U.S. Department of Education resource to assist with drafting the Title IX nondiscrimination policies, notices of nondiscrimination, and grievance procedures that will be needed to comply with the final regulations.

 

Litigation Challenging the Validity of the 2024 Title IX Regulations (updated 7/19/24)

Updated 7/19/24

Multiple states, school districts, and other organizations around the country have initiated or joined lawsuits that seek to block the implementation of the 2024 Title IX regulations. The suits raise several challenges to the regulations, including the allegation that the regulations define “sex” in a manner that is inconsistent with the meaning of the term “sex” as it is used in the Title IX statutes (which the regulations exist to implement). The State of Wisconsin is not currently participating as a party in any of lawsuits that are challenging the regulations.

As of mid July, 2024, at least four federal district courts (i.e., lower-level federal trial courts) around the country have enjoined (i.e., blocked) the implementation and/or enforcement of the 2024 regulations. The U.S. Department of Education is in the process of responding to those rulings, including by seeking to narrow the specific parts of the regulations that are enjoined by the rulings.

In three of the four federal cases mentioned above, the injunctions issued by the courts apply only in the states that joined the litigation as parties to the lawsuits. The fourth ruling, by a federal judge in Kansas, is more complicated and is discussed in the next paragraph.

On July 2, 2024, a federal district court judge in the federal district court of Kansas issued an order that enjoined “the U.S. Department of Education and all their respective officers, agents, employees, attorneys, and persons acting in concert or participation with…them from implementing, enacting, enforcing, or taking any action 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” and published in the Federal Register at 89 Fed. Reg. 33,474, set to become effective on August 1, 2024, against Kansas, Alaska, Utah, Wyoming, K.R.’s school, the schools attended by the members of Young America’s Foundation or Female Athletes United, as well as the schools attended by the children of the members of Moms for Liberty. Plaintiff Organizations are directed to file a notice in the record identifying the schools which their members or their members’ children, as applicable, attend on or before July 15, 2024.” (Emphasis added). State of Kansas vs. U.S. Department of Education et al, Case No. 24-4041-JWB (July 2, 2024). Since that July 2, 2024, ruling:

    • On July 15, 2024, the plaintiff organizations involved in the case submitted their initial list of schools attended by children their members. (The Wisconsin schools included in that initial list can be found on page 18.)
    • The judge in the case clarified on July 19, 2024, that the U.S. Department of Education is enjoined from enforcing the Final Rule (i.e., the 2024 amendments to the Title IX regulations) against “the schools attended by the current and prospective members of Young America’s Foundation or Female Athletes United, as well as the schools attended by the children of the current and prospective members of Moms for Liberty.”  Further the judge ordered that “Moms for Liberty is granted until July 26, 2024, to file a notice of schools attended by its members’ children.”  See https://ecf.ksd.uscourts.gov/cgi-bin/show_public_doc?2024cv4041-70 (order dated July 19, 2024).
    • The U.S. Department of Education appealed the district court’s July 2, 2024, ruling.

The rulings of the federal district court in Kansas do not propose to automatically affect Wisconsin school districts on an across-the-board basis. However, pending any further rulings in the case, it appears that the U.S. Department of Education will be enjoined from enforcing the 2024 Title IX regulations against at least some schools in Wisconsin.

There are media reports that, in an entirely separate case, a federal court in the Eastern District of Missouri is reviewing a request for an injunction that, if issued, would cover all 50 states.

Due to the foregoing, and because Wisconsin school districts are not all similarly-situated on these issues, WASB staff attorneys recommend that school district officials contact their district’s chosen legal counsel to help them determine when/if their local school district should adopt and implement (1) the policy and procedure requirements of the 2024 Title IX regulations, (2) the various substantive interpretations of Title IX that are included in the 2024 Title IX regulations; and (3) the employee training mandates found in the 2024 Title IX regulations. Depending on those decisions, legal counsel can also further advise the school district on the district’s near-term approach to Title IX compliance.

The WASB is monitoring this situation and will provide updates as they become available. As the federal court rulings thus far are appealed, or as new rulings are issued, the status of the injunctions and the potential effect of the litigation on recipients of federal education funding in Wisconsin could also change.

NOTICE: This resource page presents information and commentary to facilitate a general understanding of the topics that are addressed, but it does not present an exhaustive or complete treatment of any legal or policy issues. The information that is provided does not constitute legal advice and should not be relied upon or used as legal advice. The WASB will periodically update this web page with additional general information and resources related to the Title IX regulations.

Looking for information about the current (i.e., 2020) Title IX regulations?  Go to the WASB resource page for the 2020 Title IX Regulations (presently in effect through July 31, 2024) 

 

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