Each week, Liebert Cassidy Whitmore provides a summary of newly issued Executive Orders and other significant Presidential and federal actions that have a foreseeable impact on governance, compliance, and operational policies for California employers. The summaries below outline the key provisions of each action, along with our brief analysis of their potential implications for municipal agencies, school districts, private schools, and nonprofits.
Executive Action: Dept. of Education Finds the California Dept. of Education and the California Interscholastic Federation in Violation of Title IX (June 25, 2025)
On June 25, 2025, The U.S. Department of Education’s Office for Civil Rights (OCR) concluded its Title IX investigations into the California Department of Education (CDE) and the California Interscholastic Federation (CIF), finding that both violated Title IX’s protections against sex-based discrimination in educational programs. The investigations focused on the CDE and CIF’s policies which, consistent with California law, allow students to participate in sports and use facilities consistent with their gender identity. OCR determined that in allowing students who were assigned male at birth to participate in women’s sports and access women’s facilities, such as locker rooms and restrooms, CDE and CIF violates women’s rights under Title IX.
As a result of the noncompliance finding, OCR issued a proposed Resolution Agreement with CIF and CDE. The Agreement would require the CDE to notify all recipients of federal funding that operate interscholastic athletic programs in California to enforce biology-based definitions of sex in athletics and facilities, revoke any conflicting state guidance, and restore records and awards to athletes assigned female at birth who lost recognition due to the participation of athletes assigned male at birth. Additionally, the CDE must send personalized apologies to affected athletes assigned female at birth, and collect annual certifications of compliance with Title IX from all schools and athletic programs. The Department warned of imminent enforcement action, including referral to the Department of Justice, if the CDE and CIF fail to comply within 10 days.
If the CDE and CIF enter the resolution Agreement with OCR, it will impose new compliance and reporting requirements on schools and nonprofits in California that receive federal funding and operate interscholastic athletic programs. LCW will continue to monitor the matter and publish updates.
Executive Action: Department of Energy Set to Revise Title IX Regulations About School Sports
On May 16, 2025, the Department of Energy proposed changes to Title IX regulations that are slated to take effect on July 15, 2025, unless the Department received “significant adverse comments” during the comment period that ended on June 16, 2025. The Department has not yet indicated whether it received significant adverse comments on the proposal.
The proposed changes would rescind a requirement that schools receiving money from the Department of Energy allow students of both genders to try out for noncontact sports teams when the school does not have both boys’ and girls’ teams. The change would affect all students, both cisgender and transgender.
While it is uncommon for federal departments other than the Department of Education to propose Title IX-related rules, prior executive orders have curtailed the Department of Education’s activities. As a result, we may begin to see less directly-impacted administrative agencies advancing policies that previously would have originated from the Department of Education.
LCW will provide an update on the status of the proposed regulations before July 15.
If you have any questions about the above linked Presidential actions, please contact our Los Angeles, San Francisco, Fresno, San Diego, or Sacramento offices.