On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky issued a ruling in State of Tennessee v. Miguel Cardona, Civil Action No. 2:24-072-DRC, invalidating the U.S. Department of Education’s 2024 Title IX regulations. The decision marks a significant development in the interpretation of Title IX, a federal law designed to prevent sex discrimination by education institutions receiving federal funding. The 2024 Title IX regulations included provisions to safeguard individuals from discrimination based on gender identity and sexual orientation, while also introducing new procedures that extended beyond sexual harassment to address broader forms of sex-based discrimination. The 2024 regulations also reinforced existing protections for pregnant and parenting students by mandating clearer procedures for accommodations. The court set aside the 2024 regulations in their entirety, rather than opting to sever the language in the regulations challenged by the plaintiffs, finding that the regulations went far beyond the law’s original purpose.
Due to ongoing litigation, courts had already enjoined implementation of the 2024 Title IX regulations in 26 states. As we previously reported, starting in July 2024, a federal court in Kansas issued a preliminary injunction that prevented the 2024 regulations from going into effect in certain states and in specific educational institutions in other states, including California. Thus, California institutions listed in the Kansas injunction already did not have to comply with the 2024 regulations.
Now, the Kentucky court’s vacatur has the effect of taking the 2024 regulations “off the books.” The ruling did not have any effect on the 2020 Title IX regulations. Thus, until schools, colleges, and universities receive further guidance from the U.S. Department of Education, they should revert to the procedures in place before August 1, 2024.
It is not clear if the 2024 Title IX regulations apply to complaints filed between August 1, 2024 (when the regulations officially took effect unless an entity was subject to an injunction), and January 9, 2025 (when the federal court in Kentucky vacated the 2024 Title IX regulations). If your institution has questions about pending matters that fall into that time, work with your legal counsel to address how to proceed.
Next Steps and California Law Reminders
Liebert Cassidy Whitmore will continue to monitor developments related to Title IX, including any updates or guidance from the U.S. Department of Education. If the new administration indicates plans to propose a new rule, the process will be lengthy, as it includes a public comment period, during which individuals and organizations can provide feedback, followed by the Department reviewing and responding to comments before issuing a final rule.
In addition to complying with the 2020 Title IX Regulations, California educational institutions must continue to adhere to state law, which provides robust protections for individuals against discrimination and harassment based on sex, gender (including pregnancy status), gender identity, gender expression, and sexual orientation.
Additionally, under the California’s Education Code, institutions of higher education are required to implement comprehensive policies and procedures for preventing and addressing sexual harassment and related misconduct. Unlike the 2020 Title IX regulations, California law does not require a formal complaint to trigger a response from the institution. Colleges and universities must take reasonable steps to respond to incident of sexual harassment, whether they occur on or off campus, if there is any reason to believe the incident could contribute to a “hostile educational environment or otherwise interfere with a student’s access to education.” (Ed. Code Ed. § 66281.8.) Institutions must also proactively train students and employees, disseminate policies widely, and comply with California’s broader anti-discrimination standards.
If your institution needs assistance with Title IX and compliance with overlapping federal and state law, including the implementation of policies, procedures, training or forms, please contact our Los Angeles, San Francisco, Fresno, San Diego, or Sacramento office.