The 2024 Title IX regulations are effective as of August 1, 2024, and apply to complaints of sex discrimination regarding conduct that occurs on or after that date. However, numerous courts across the country have issued preliminary injunctions preventing the U.S. Department of Education from enforcing the 2024 Title IX regulations in states, schools, colleges, and universities across the country. As of July 31, 2024, Federal court orders prevented the Department from enforcing the 2024 Title IX regulations in the states of Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming. Additionally, as noted Liebert Cassidy Whitmore’s July 18, 2024, Special Bulletin, a Federal court in Kansas issued an injunction in July that prevents the Department from enforcing the 2024 Title IX regulations at hundreds of K-12 schools (including schools in California) and 687 colleges and universities including many California community colleges.
To clarify how states, schools, colleges, and universities subject to the federal injunctions should proceed given their legal obligations under Title IX and pending litigation, the Department updated its website on August 1, 2024. On the website, the Department states that the 2024 Title IX Regulations and the corresponding implementation resources “do not currently apply in those states and schools” subject to the preliminary injunctions. The website further states, “Pending further court orders, the Department’s Title IX Regulations, as amended in 2020 (2020 Title IX Final Rule) remain in effect in those states and schools.” The updated website and resources are found here.
Next Steps
Liebert Cassidy Whitmore will continue to monitor litigation related to the 2024 Title IX regulations.
For now, California institutions affected by the Kansas preliminary injunction should continue to follow their policies and procedures that comply with the 2020 Title IX regulations, but should be prepared to comply with the 2024 regulations because the injunctive orders are temporary, and litigation is pending, including appeals to the Supreme Court. Additionally, California institutions should also comply with California law, which provide protections against sexual harassment and discrimination based on gender (including pregnancy status), gender identity, gender expression, and sexual orientation.
If your institution needs training or assistance with Title IX and compliance with overlapping federal and state law, including the implementation of policies, procedures, or forms, please contact our Los Angeles, San Francisco, Fresno, San Diego, or Sacramento office.