A federal judge in Kentucky declared the U.S. Department of Education’s 2024 Title IX Final Rule “fatally tainted” and struck down the rule in its entirety, with nationwide effect. The decision states that the Department of Education exceeded its statutory authority in interpreting Title IX, that the Final Rule violates the Constitution in multiple respects, and that the Final Rule is arbitrary and capricious in its interpretation of Title IX.
It is unclear whether the impact of this decision is a reversion to the 2020 Final Rule that was replaced by the 2024 Final Rule or whether there is simply no operable Title IX rule at this time. The U.S. Department of Education had been applying the 2020 Final Rule in states where the 2024 Final Rule had been subject to an injunction. It is also unknown whether the Biden Administration will pursue an appeal in its last days.
We recommend districts continue to apply their current policies and regulations for the time being. Further clarity is likely to be available within the coming weeks, particularly once the new administration begins.
Please contact us if we can assist you in updating your policies and practices in light of this decision.