Title IX Injunctions in Place in Many States on Implementation Deadline
August 1 is here. As of today, the Department of Education is enjoined from enforcing the 2024 Title IX regulations in the below states. In addition to the states on the map, the Department is enjoined from enforcing the new regulations in schools in other states that appeared on lists submitted last month to the Kansas District Court.
What does this mean? First of all, the injunctions are directed at the Department, not schools. However, since the Department cannot enforce the new regulations at these schools or in these states, schools do not have to comply. More litigation is certain, and the injunctions may be lifted or overturned at some point. In the meantime, the consensus in the Title IX community seems to be this. Schools covered by the injunctions should stick with their 2020-compliant policies and procedures. Prepare 2024-compliant policies and procedures and be ready to move quickly when further guidance comes from courts of the Department itself. If your head is spinning, you are not alone!
Shults Law Firm can assist institutions with policy updates, Title IX trainings, investigation services, and general consulting needs. Contact Amanda Orcutt for more information.