District Court Issues Preliminary Injunction Requiring Some California Educational Entities to Halt Implementation and Enforcement of 2024 Title IX Regulations

08.22.2024

The United States Department of Education’s (“USDOE”) “Final Rule” modifying the regulations implementing Title IX of the Education Amendments of 1972 (“Title IX”) was released on April 19, 2024 and became effective on August 1, 2024.  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.”  Lawsuits in various states were filed to enjoin the 2024 Title IX Regulations before the August 1, 2024 implementation date.  While many other lawsuits do not impact education entities in California,[1] the injunction specifically issued in Kansas v. United States Department of Education impacts some educational entities in California, including K-12 schools, community colleges, and universities. Our summary sets forth the status as of the date of this alert.

On May 14, 2024, several plaintiffs filed suit in the United States District Court for the District of Kansas, seeking declaratory relief by alleging that the Final Rule is unlawful because 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; and community organizations such as Moms for Liberty, Young America’s Foundation, Female Athletes United; and one student attending a public school in Oklahoma. 

On July 2, 2024, the District Court granted a preliminary injunction to the plaintiffs in Kansas v. United States Department of Education, which enjoined the USDOE, the Department of Justice, and the Attorney General of the United States from “implementing, enacting, enforcing, or taking any action to enforce” the Final Rule in any of the plaintiff states, at the Oklahoma student’s school, and at any schools attended by any members of the plaintiff organizations or the members’ minor children.  Therefore, this injunction has far-reaching impacts on Title IX enforcement and implementation, even in states that were not a party to the lawsuit because the plaintiff organizations (i.e. Moms for Liberty, Young America’s Foundation, and Female Athletes United) have members and members’ minor students attending education institutions throughout the United States.

The plaintiff organizations submitted lists of K12 school districts and post-secondary institutions that their members or member’s minor children attend, including numerous institutions in California.  The USDOE is currently enjoined from “implementing, enacting, enforcing, or taking any action to enforce” the 2024 Title IX regulations against any of the educational entities included on the list found here: List of K-12 Schools Enjoined from 2024 T9 Rule .  The USDOE has noted that, per the Court’s order, this list may be supplemented in the future, and we advise our clients to consider this issue when implementing the new 2024 Title IX Regulations.

In light of the District Court’s decision to issue the injunction, the USDOE released a statement on August 1, 2024, stating it would enforce the 2020 Title IX Regulation at schools affected by the injunction.  On August 12, 2024, the California Department of Education also released a statement indicating that while the 2020 Title IX Regulations would continue to apply at the institutions listed as subject to the injunction order, regardless of Title IX, California institutions must be cognizant that California law protects students from discrimination based on gender identity, gender expression, and sexual orientation.[2]

As a result of the injunction and pending litigation, California educational institutions should confirm whether they are currently required to comply with the 2024 Final Rule or the 2020 Title IX regulations. by reviewing the list of schools currently enjoined.  Moreover, if an educational institution finds itself or one of its schools or campuses on the list, it should contact its legal counsel for further guidance. 

Although California educational institutions currently enjoined may continue to follow the 2020 Title IX Regulations, they must also apply state law, which prohibits discrimination on the basis of gender, gender identity, and gender expression under California Education Code section 220.  Education Code section 210.7 defines gender to mean sex and to include gender identity and gender expression.  Thus, California schools affected by the Kansas v. United States Department of Education injunction must adhere to their responsibilities under state law while complying with the 2020 Title IX Regulations. 

Please do not hesitate to contact the authors of this alert or your AALRR counsel for further clarification and guidance regarding the issues raised by this Alert.

[1] The U.S. Department of Education is currently enjoined from enforcing the 2024 Title IX Regulations in the states of Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming pursuant to various injunctions.

[2] The California Department of Education’s statement on this issue can be found here: https://www.cde.ca.gov/ci/pl/ensurestudentsprotected.asp#:~:text=Ensuring%20students%20are%20protected%20from%20discrimination%20based,on%20gender%20identity%2C%20gender%20expression%2C%20and%20sexual%20orientation.

This AALRR 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. Receipt of this or any other AALRR publication does not create an attorney-client relationship. The Firm is not responsible for inadvertent errors that may occur in the publishing process.

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