Maintaining the Status Quo: U.S. Department of Education’s 2024 Title IX Regulations Struck Down
On January 9, 2025, a federal court (the “Court”) struck down the U.S. Department of Education’s (the “Department”) Title IX regulations released in 2024. According to the Court, the Education Department lacked the authority to modify the existing regulations and failed to provide sufficient evidence in support of its proposed changes. This decision will impact K-12 schools and higher educational institutions’ policies and practices moving forward.
Background
On April 19, 2024, the Department released new regulations under Title IX which strengthened protections for students and significantly affected the way in which schools handle Title IX complaints. Specifically, the regulations expanded the definition of sexual harassment, lowered the required standard of proof, formally codified and expanded protections for LGBTQ+ students and pregnant students, increased supportive measures, broadened the definition of “complaint,” and covered more off-campus conduct.
Challenging the New Regulations
The Plaintiffs in Tennessee v. Cardona, comprised of six states, challenged the Department’s proposed 2024 regulations arguing it would bring significant and unlawful changes to Title IX.
First, the Plaintiffs argued the new regulations expanded protections to individuals on the basis of a person’s sexual orientation, gender identity, sex stereotypes, sex characteristics, pregnancy or pregnancy-related conditions, and parental, familial, or marital status were overly broad and impermissible.
Second, the Plaintiffs argued the new regulations would make it significantly easier to allege sex discrimination and harassment under Title IX because they permitted individuals to successfully allege discrimination or harassment by demonstrating only slight harm. Relatedly, the Plaintiffs argued that the new regulations allowed the Department to consider a victim’s subjective experience when analyzing a complaint which created uncertainty and ambiguity.
Third, the Plaintiffs argued the Department could not require schools to use a student’s preferred name and pronouns – as set forth in the new regulations - because it violated the First Amendment.
Ultimately, the Court agreed with the Plaintiffs and invalidated the 2024 regulations, citing the following reasons:
- The Department impermissibly broadened Title IXs definition of sex.
- The regulations made it difficult to identify what conduct violated Title IX.
- The regulations required speech in violation of the First Amendment.
- The Department failed to provide sufficient evidence to support the regulations.
Although the Department advanced arguments for why the 2024 regulations would be beneficial, the Court believed these justifications lacked legal merit.
The Department may appeal the Court’s decision, however, such an appeal is unlikely given the Trump administration’s position on Title IX and its corresponding protections. Additionally, the process of issuing new regulations can be lengthy. Therefore, it is unlikely that we will see any new Title IX regulations in effect any time soon.
What Does this Mean?
The Court’s decision in Tennessee v. Cardona means that schools must continue to follow the existing 2020 Title IX regulations (which went into effect during President Trump’s first administration) regarding all Title IX-related procedures.
Specifically, Title IX claims may only be successful if an individual experienced discrimination on the basis of his or her sex (referring to an individual’s biological sex); the Department may only consider objectively offensive conduct; and schools are not required to use a student’s preferred names and pronouns.
Despite this development, however, please note that schools must continue to comply with relevant State law, including the New York State Human Rights Law (“NYSHRL”) and the Dignity for All Students Act (“DASA”), to prevent and address incidents of harassment, discrimination, bullying, and intimidation.
If you have any questions about your obligations under the 2020 Title IX regulations, questions about the impact of the Court’s decision in Tennessee v. Cardona, or any other related concern, please contact Lindsay A. Menasco, Esq., Ryan L. Everhart, Esq., or any other member of the Hodgson Russ Education Practice.
Disclaimer:
This client alert is a form of attorney advertising. Hodgson Russ LLP provides this information as a service to its clients and other readers for educational purposes only. Nothing in this client alert should be construed as, or relied upon, as legal advice or as creating a lawyer-client relationship.
