Teresa Biviano, Doreen Martin, and Keith Olsen published “What Axed Title IX Gender Identity Rule Means For Higher Ed” in Law360. The following is an excerpt:
In a far-reaching decision on Jan. 9, a Kentucky federal court struck down the Biden administration's 2024 final rule interpreting Title IX of the Education Amendments of 1972, which sought to implement significant changes to its regulations.
More specifically, the court held that the U.S. Department of Education lacked the authority to expand the definition of Title IX to prohibit discrimination on the basis of gender identity.
For months, schools and institutions of higher education, or IHEs, have eagerly awaited a clear indication of which Title IX regulations they were expected to comply with—the 2024 final rule; the 2020 final rule, which was the prior rule promulgated under the first Trump administration; or a patchwork of the two.
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