Nationwide Vacatur of 2024 Title IX Regulations and Anticipated Changes to Title IX Under the Incoming Presidential Administration

01.10.2025

On August 1, 2024, the United States Department of Education’s (“USDOE”) “Final Rule” modified and implemented new regulations implementing Title IX of the Education Amendments of 1972 (“Title IX”). The “Final Rule” (hereinafter referred to as the “2024 Title IX Regulations”) significantly changed the 2020 Title IX regulations, related to definitions, the grievance process, reporting obligations, and training requirements.[1] Even before their implementation of the 2024 Title IX Regulations several federal lawsuits challenged the new regulations through federal lawsuits. These lawsuits resulted in multiple injunctions preventing the USDOE from enforcing the 2024 Title IX Regulations in 26 states and many individual schools, community colleges, and universities across the United States. The remaining states and Local Educational Agencies (“LEAs”) implemented the 2024 Title IX Regulations.

However, on January 9, 2025, the United States District Court for the Eastern District of Kentucky (“Court”) issued a decision in Tennessee v. Cardona (Civil Action No. 2:24-072-DCR (January 9, 2025)), vacating the 2024 Title IX Regulations. This decision effects all the states in the nation because a "vacatur” means the Court decided that the entirety of the 2024 Title IX Regulations are invalid and must be set aside.

This Alert summarizes the obligations of LEAs based on this Court decision and what LEAs may expect to see regarding Title IX under President-elect Trump’s administration.

Nationwide Vacatur of 2024 Title IX Regulations (Tennessee v. Cardona)

In Tennessee v. Cardona, the federal District court issued an order granting summary judgment to the plaintiffs—six states, the Christian Educators Association International, and one female student athlete—finding that the 2024 Title IX Regulations exceeded the USDOE’s authority, violated the United States Constitution, and resulted from arbitrary and capricious agency action. (Cardona, Civil Action No. 2:24-072-DCR, p. 1.)

The Court determined that under the Administrative Procedure Act (“APA”) (5 U.S.C. § 551 et seq.), which articulates the process and standards for how the USDOE and other federal agencies may issue regulations, the USDOE exceeded its authority by defining “discrimination on the basis of sex” to include discrimination on the basis of gender identity. (Cardona, p. 4). The court explained that the statutory text of Title IX suggests only that “recipients of federal funds under Title IX may not treat a person worse than another similarly situated individual on the basis of a person’s sex, i.e. male or female.” (Id.) Accordingly, the court concluded that under Title IX, “discrimination on the basis of sex” means “discrimination on the basis of male or female,” and not on the basis of gender identity. (Id. at p. 6.)

The Court also found that the 2024 Title IX Regulations violated Constitutional provisions. First, by requiring recipients “to use names and pronouns associated with a student’s asserted gender identity,” the 2024 Title IX Regulations violated the First Amendment right to free speech. (Id. at p. 8, 9.) Second, the Court determined that the 2024 Title IX Regulations are unconstitutionally vague and overbroad, such that recipients “have no way of predicting what conduct will violate the law.” (Id. at p. 9.) As a result, the language also violates the Spending Clause of the Constitution, which requires that legislation conditioning the receipt of federal funds, like the Title IX regulations, “impose unambiguous conditions,” and that the conditions imposed on receipt of federal funds “not induce unconstitutional action.” (Id. at p. 10.)

Further, the Court opined that defining “discrimination on the basis of sex” to include discrimination based on gender identity was “arbitrary and capricious.” (Id. at p. 11.) The Court explained that the USDOE’s determination that “preventing a person from participating in a program or accessing a sex-separate facility consistent with their gender identity subjects them to harm” is inconsistent with the fact that Congress permits sex separation in social fraternities and sororities and living facilities. (Id. at p. 11.)

The Court considered whether to sever only the parts of the 2024 Title IX Regulations impacted by the Court’s opinion. Ultimately, the Court decided against this, stating that the definition of discrimination “on the basis of sex” “permeates virtually every provision” of the 2024 Title IX Regulations, except for the provisions on parental status, family status, marital status, and pregnancy or related conditions. Therefore, the Court vacated the entirety of the 2024 Title IX Regulations, including the procedures for handling grievances, training, recordkeeping, and processing complaints. (Id. at p. 12.)

Obligations of Local Education Agencies Following Tennessee v. Cardona

Following the Court’s decision in Cardona, it is reasonable to conclude that the 2024 Title IX Regulations have been “set aside” or taken “off the books” nationwide and no longer in effect for any recipient of federal funds under Title IX.

While the Court did not directly state that its opinion would cause a return to the 2020 Title IX Regulations, the Court’s opinion did not vacate the 2020 Title IX Regulations. Therefore, it appears the result of the Court’s vacatur is for educational entities to return to the most recent set of Title IX Regulations (i.e., the 2020 Title IX Regulations). Accordingly, it is our opinion that as of January 9, 2025, all recipients of federal funds under Title IX must process matters in accordance with the 2020 Title IX Regulations and meet the other requirements set out in the 2020 Title IX Regulations.

Although the Court noted that vacatur of the 2024 Title IX Regulations is not likely to be disruptive for those LEAs subject to the injunctions preventing implementation of the 2024 Title IX Regulations, this order will impact LEAs that have been implementing the 2024 Title IX Regulations. In the absence of guidance from the USDOE and California Office for Civil Rights, we advise those LEAs currently processing pending Title IX matters under the 2024 regulations to consult with legal counsel as to how to continue processing these matters in light of the Court’s ruling.

Furthermore, we note that LEAs in California must continue to comply with state law. California Education Code section 220 prohibits discrimination on the basis of gender, gender identity, gender expression, and sexual orientation. Education Code section 210.7 defines gender to mean sex and to include gender identity and gender expression. Education Code section 221.5 requires that a “pupil be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil’s records.” Therefore, discrimination or harassment on these bases must be addressed under California laws.

Predicted Changes to Title IX Under President-Elect Donald Trump

Although the USDOE may appeal the Court order vacating the 2024 Title IX regulations, with the inauguration of President-elect Donald Trump scheduled to occur on January 20, 2025, an appeal seems unlikely. It is more likely that President-elect Donald Trump will affirm the implementation of the 2020 Title IX Regulations upon his inauguration on January 20, 2025. The USDOE may also issue guidance in the upcoming days or months to clarify practical aspects of the vacatur where prior injunctions did not prevent LEAs from implementing the 2024 Title IX Regulations and/or guidance on the interpretation of the 2020 Title IX Regulations.

While it is possible the incoming administration will make some revisions to the regulations, the process of issuing new regulations can be lengthy. Given the complexity of the Title IX regulations and the number of public comments received during the prior revision process, it is unlikely that we will see new regulations in effect anytime soon.

If your educational institution has questions about the vacatur of the 2024 Title IX Regulations, reimplementing the 2020 Title IX Regulations, or processing ongoing Title IX matters in light of the Cardona decision, please reach out to the authors of this Alert or your usual AALRR counsel.

Please contact AALRR if your LEA needs training or assistance in complying with the 2020 Title IX Regulations or other state and federal laws prohibiting sex discrimination. We will continue to provide updates on any changes to LEA’s responsibilities in addressing sex and pregnancy discrimination.

[1] For a full summary of the changes effectuated by the 2024 Title IX Regulations, please see our previous Alert on this subject: https://www.aalrr.com/newsroom-alerts-4034