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2024 Federal Title IX Regulations:
Information and Resources for Schools

(Last updated Feb. 4, 2025)

New (2024) Title IX regulations took effect on August 1, 2024. However, a January 9, 2025, decision from a federal district court in Kentucky invalidated and “vacated” the 2024 regulations in their entirety on a nationwide basis.  Although the deadline for appealing that decision has not expired, it currently appears unlikely that the decision will be appealed, modified, or stayed.  The U.S. Department of Education issued a “Dear Colleague” letter updating all K-12 and postsecondary entities/institutions that states, “Although the United States Department of Justice is responsible for determining whether to appeal the United States District Court for the Eastern District of Kentucky’s vacatur order, that judgment was immediately effective and no portion of the 2024 Title IX Rule is now in effect in any jurisdiction. … [O]pen Title IX investigations initiated under the 2024 Title IX Rule should be immediately reevaluated to ensure consistency with the requirements of the 2020 Title IX Rule and the preexisting regulations at 34 C.F.R. 106 et seq.”

Further updates will be posted on this page. However, as of early February 2025, the January 9th decision from the federal court in Kentucky appears to mean that all Wisconsin school districts are, once again, operating within a uniform regulatory environment for purposes of Title IX (i.e., under the 2020 regulations).

 

January 9, 2025, Federal Court Ruling Vacating the 2024 Title IX Regulations (updated 2/4/25)

On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky issued a decision ordering what is called “vacatur” of the 2024 Title IX regulations in their entirety. See State of Tennessee v. Cardona, Case No. 2: 24-072-DCR (E.D. Ky. Jan. 9, 2025). According to the court’s decision, “Vacatur operates on the rule itself and prevents the rule’s ‘application to all who would otherwise be subject to its operation.’” Id. at 13 (quoting other cases).  Assuming this decision becomes final and is not modified, stayed, or appealed, it appears that the decision would vacate the 2024 Title IX regulations on a nationwide basis, including in Wisconsin. If that is the result, school districts’ substantive legal obligations under Title IX as well as school districts’ Title IX policies, grievance/complaint procedures, and training obligations would all be significantly affected.

The WASB is in the process of further evaluating the January 9, 2025, decision from the federal court in Kentucky, and we are monitoring communications from the U.S. Department of Education (DOE). On January 14, 2025, the DOE posted the following statement on a web page addressing Title IX:  “On January 9, 2025, a federal district court issued a decision vacating the 2024 Final Rule. Consistent with the court’s order, the 2024 Title IX regulations and [some related resources posted on the web page] are not effective in any jurisdiction.”   Although appeal deadlines will not actually expire for several weeks, the DOE’s statement (issued under the outgoing Biden administration) appears to signal the DOE’s capitulation to the court ruling, leaving only somewhat unlikely possibilities under which the 2024 regulations could possibly be revived. Absent the occurrence of any of those unlikely developments, it also means that the 2020 Title IX regulations would once again apply in all districts.  This initial analysis was essentially confirmed in a January 31, 2025, press release and “Dear Colleague” letter, issued under the second Trump administration, advising educators and administrators that the Department’s Office for Civil Rights will enforce the 2020 Title IX Rule. The “Dear Colleague” letter further advises, “Accordingly, open Title IX investigations initiated under the 2024 Title IX Rule should be immediately reoriented to comport fully with the requirements of the 2020 Title IX Rule.”

Due to the foregoing, school district officials who are presented with a time-sensitive situation (such as a pending or newly filed Title IX complaint) should contact their district’s chosen legal counsel to help them determine (1) if, when, and how the school district should amend its local Title IX policies and procedures; (2) how the school district should process any pending or newly-received Title IX complaints; (3) which substantive interpretations of Title IX the district should implement in its operational practices; and (4) which staff training mandates the school district should be implementing. Depending on those decisions, legal counsel can further advise the school district on other aspects of the district’s near-term approach to Title IX compliance. In determining a course of action with respect to both policy language and policy implementation, all Wisconsin schools need to consider (1) the effect of state nondiscrimination laws in Wisconsin, and (2) the Title IX rulings of the Seventh Circuit Court of Appeals, which directly interpreted the Title IX statutes and which generally were not dependent on the specific language of either the 2020 regulations or the 2024 regulations. See Whitaker ex rel. Whitaker v. Kenosha Unified School District No. 1 Board of Education, 858 F.3d 1034 (7th Cir. 2017) and A.C. v. Metropolitan School District of Martinsville, 75 F.4th 760 (7th Cir. 2023).

Other Litigation Challenging the Validity of the 2024 Title IX Regulations (updated 1/10/25)

Multiple states, school districts, and other organizations around the country have initiated or joined lawsuits that seek to block the implementation of, and ultimately overturn, 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 effectuate). Examples of other claims include claims that the definition of sex-based harassment is overly broad and could improperly impinge on First Amendment rights. The State of Wisconsin is not currently participating as a party in any of lawsuits that are challenging the regulations. However, all school districts in Wisconsin are potentially affected by a January 9, 2025, decision from a federal court located in the Eastern District of Kentucky (see above on this page for more information).  And, separate from that January 9, 2025, decision from Kentucky, some Wisconsin school districts have also been affected by an injunction that was issued last summer by a federal court located in the District of Kansas.  

IMPORTANT!  The remainder of the information in this box addresses primarily litigation outcomes that occurred prior to the very significant January 9, 2025, ruling from the federal court in Kentucky, which is further addressed above on this web page.

Leading up to the end of the 2024 calendar year, federal courts around the country have enjoined (i.e., blocked) the implementation and/or enforcement of the 2024 regulations, in their entirety, in 26 states. Thus far, all attempts by the U.S. Department of Education to limit the scope of those injunctions via appeal processes have been unsuccessful. For example, on August 16, 2024, the U.S. Supreme Court issued a decision declining to modify the preliminary injunctions imposed by lower courts in two federal circuits (the Fifth Circuit and the Sixth Circuit).  The Supreme Court’s decision stated, “On this limited record and in its emergency applications, the [U.S. Department of Education] has not provided this Court a sufficient basis to disturb the lower courts’ interim conclusions …, [and] the Court denies the Government’s applications for partial stays.” Meanwhile, the U.S. Department of Education continues to pursue appeals related to separate injunctions that originated in the Tenth Circuit and in the Eleventh Circuit.

In most of the federal cases referenced in the previous paragraph, the injunctions issued by the courts apply only in the states that joined the litigation as parties to the lawsuits. As previously stated above, Wisconsin is not one of those states. However, one of the rulings–by a federal judge in Kansas–is more complicated and is discussed in the next few paragraphs. The ruling in the Kansas case is relevant to some K-12 schools located in Wisconsin.

On July 2, 2024, a federal district court judge in the federal district court of Kansas (which is located in the Tenth Circuit) 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 … .” (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 an 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.”  See https://ecf.ksd.uscourts.gov/cgi-bin/show_public_doc?2024cv4041-70 (order dated July 19, 2024).
    • The plaintiff organizations (such as “Moms for Liberty”) have filed the following lists, organized nationally by state, of K-12 schools attended by children of their members:
      July 15, 2024 list
      July 26, 2024 supplemental list
      July 31, 2024 supplemental list
      August 28, 2024 supplemental list
      September 13, 2024 supplemental list (primarily corrections)
      November 12, 2024 supplemental list (adding numerous new Wisconsin schools)
      November 25, 2024 supplemental list (adding two new Wisconsin schools)
    • As far as the lists of schools (including schools located in Wisconsin) that are submitted by the plaintiff organizations in the Kansas case, the injunction against the U.S. Department of Education and various Department officials does not enjoin the school district that operates any such listed school from choosing to adopt and follow local policies and procedures. However, the legal analysis surrounding such local decisions (which must also account for state law and for federal court decisions within the Seventh Circuit) is somewhat different depending on whether some, all, or none of a district’s schools appear on the lists submitted to the court in Kansas. In addition, the U.S. Department of Education has stated its position as follows: “Pending further court orders, the Department’s Title IX Regulations, as amended in 2020 (2020 Title IX Final Rule) remain in effect in [the schools on those lists].”
    • The U.S. Department of Education has appealed the district court’s July 2, 2024, ruling to the Tenth Circuit Court of Appeals. As of January 1, 2025, the Tenth Circuit has not issued a decision.

To be clear (and unlike the more recent January 9, 2025, ruling from the federal court in the Eastern District of Kentucky), the 2024 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, the Kansas court has enjoined the U.S. Department of Education from enforcing the 2024 Title IX regulations against at least some schools in Wisconsin. As mentioned above, the U.S. Department of Education’s position has been that the 2020 Title IX regulations remain in effect in the individual schools affected by the Kansas court’s injunction. Accordingly, one way to summarize the status of the 2024 Title IX regulations from August 1, 2024, through January 9, 2025, is that, as of August 1, 2024, the new regulations had taken full effect in Wisconsin except in the Wisconsin schools affected by the Kansas court’s injunction. The separate January 9, 2025, ruling from the court in Kentucky may serve to invalidate the 2024 Title IX regulations in their entirety, for all school districts on a nationwide basis.       

Due to the foregoing, school district officials should contact their district’s chosen legal counsel to help them determine (1) which set of Title IX regulations is operable, (2) if, when, and how the school district should amend its local Title IX policies and procedures; (3) how the school district should process any pending or newly-received Title IX complaints; (4) which substantive interpretations of Title IX the district should implement in its operational practices; and (5) which staff training mandates the school district should be implementing. Depending on those decisions, legal counsel can further advise the school district on other aspects of the district’s near-term approach to Title IX compliance. Further, in determining a course of action with respect to both policy language and policy implementation, all Wisconsin schools need to consider (1) the effect of state nondiscrimination laws in Wisconsin, and (2) the Title IX rulings of the Seventh Circuit Court of Appeals, which directly interpreted the Title IX statutes and which generally were not dependent on the specific language of either the 2020 regulations or the 2024 regulations. See Whitaker ex rel. Whitaker v. Kenosha Unified School District No. 1 Board of Education, 858 F.3d 1034 (7th Cir. 2017) and A.C. v. Metropolitan School District of Martinsville, 75 F.4th 760 (7th Cir. 2023). 

The WASB is monitoring this situation and will provide updates as they become available. As new rulings are issued, the potential effect of the litigation on recipients of federal education funding in Wisconsin could continue to change.

For a discussion of what may lie ahead for the 2024 Title IX regulations, and Title IX more generally, as the new presidential administration takes office in January 2025, please see:

  • The January/February 2025 issue of the WASB’s “Policy Perspectives” newsletter
  • The December 2024 issue of the WASB’s “Policy Perspectives” newsletter (as further updated in the January/February issue, above)
Information about Title IX training offered by the WASB and Boardman & Clark

For a broad summary of some of the key changes that had been introduced by the currently invalidated 2024 regulations see the April 2024 issue of the WASB’s “Policy Perspectives” newsletter.

The following are some of the initial resources that accompanied the announcement of the 2024 Final Rule:

IMPORTANT:  As of January 14, 2025, the U.S. Department of Education web page where the following resources are linked sates, “On January 9, 2025, a federal district court issued a decision vacating the 2024 Final Rule. Consistent with the court’s order, the 2024 Title IX regulations and these resources are not effective in any jurisdiction.”

    • 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).
    • The complete Title IX regulations, as amended on August 1, 2024 (subject to pending litigation): 34 C.F.R. Part 106 (August 1, 2024)
    • 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 (no longer available on the Department’s web site).
    • 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 (no longer available on the Department’s web site).

Following the release of the Final Rule and the supplemental resources listed above, the U.S. Department of Education issued the following guidance documents for districts and schools that are implementing the 2024 regulations (i.e., those districts and schools that are not affected by court injunctions that cause the district or school to continue to implement the 2020 regulations):

IMPORTANT:  As of January 14, 2025, the U.S. Department of Education web page where the following resources are linked sates, “On January 9, 2025, a federal district court issued a decision vacating the 2024 Final Rule. Consistent with the court’s order, the 2024 Title IX regulations and these resources are not effective in any jurisdiction.”

 

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 2020 Title IX regulations?

Go to the WASB resource page for the 2020 Title IX Regulations (which apply to incidents of sex discrimination that occurred through July 31, 2024, and which also remain relevant due to pending litigation over the 2024 regulations, as further discussed above on this page).