California Educational Institutions Affected by Title IX Injunction: A Guide to Compliance
Introduction
On April 19, 2024, the United States Department of Education released a "Final Rule" modifying the regulations implementing Title IX of the Education Amendments of 1972. The Final Rule modified the grievance procedures for complaints of sex discrimination and defined sex discrimination under Title IX to include "discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity." However, due to a lawsuit filed by several plaintiffs, including states and community organizations, the implementation of this Final Rule has been enjoined in certain states, including California.
The Lawsuit
On May 14, 2024, several plaintiffs filed suit in the United States District Court for the District of Kansas, seeking declaratory relief. The plaintiffs alleged that the Final Rule exceeds the USDOE's authority and therefore violates the First Amendment by having a "chilling" effect on speech. The plaintiffs include the states of Kansas, Alaska, Utah, and Wyoming; community organizations such as Moms for Liberty, Young America's Foundation, Female Athletes United; and one student attending a public school in Oklahoma.
Preliminary Injunction
On July 2, 2024, the District Court granted a preliminary injunction to the plaintiffs in Kansas v. United States Department of Education. The injunction enjoined the USDOE, the Department of Justice, and the Attorney General of the United States from implementing, enforcing, or taking any action to enforce the Final Rule in certain states, including California.
Impact on Educational Institutions in California
The preliminary injunction has far-reaching impacts on Title IX enforcement and implementation, even in states that were not a party to the lawsuit. The USDOE is currently enjoined from implementing, enforcing, or taking any action to enforce the 2024 Title IX regulations against educational entities included on the list of schools affected by the injunction.
California Law
In light of the District Court's decision to issue a preliminary injunction, California educational institutions should confirm whether they are required to comply with the 2024 Final Rule or the 2020 Title IX regulations. Education Code section 220 prohibits discrimination on the basis of gender, gender identity, and gender expression under California law.
Conclusion
In conclusion, California educational institutions affected by the Title IX injunction should review their compliance procedures to ensure they are meeting state and federal requirements. This may involve reviewing the list of schools currently enjoined and contacting legal counsel for further guidance.
Disclaimer
This publication is intended for informational purposes only and should not be relied upon in reaching a conclusion in a particular area of law. Applicability of the legal principles discussed may differ substantially in individual situations.