On June 17, 2024, a federal district court in Kentucky issued an injunction blocking implementation of the new Title IX rule issued by the U.S. Department of Education (DOE) in April. The injunction is effective in Ohio and several other states. Over the past few weeks, OSBA has posted information for our members about the new rule, as it would create significant changes to the scope of Title IX and the processes that must be followed when allegations of sex discrimination are made in schools. This injunction means that, as of now, the new rule will not go into effect on the scheduled August 1 date unless a higher court overturns the injunction.
In his 93-page decision, the federal district court judge found that DOE exceeded the scope of its authority in issuing the new rule. Primarily, the decision focused on the rule’s expansion of the definition of “sex discrimination” to include discrimination on the basis of sexual orientation and gender identity, which has also been the primary focus of several other lawsuits filed challenging the rule. Despite the ruling’s focus on this issue, the court enjoined the new rule in its entirety, including the parts that do not concern sexual orientation and gender identity.
The presence of the injunction, the likelihood of additional rulings and the tight timeframe for implementation create a difficult situation for our member districts. There is significant uncertainty as to what the state of the law might be as we prepare to enter the coming school year. OSBA will continue to monitor developments in this area, and we will push out information to members as it becomes available. In the meantime, we recommend working with your district’s legal counsel and policy providers to ensure that you are setting your districts up for success in the shifting landscape. Members are welcome to contact the legal hotline for general questions about the rule itself and the injunction at 855-OSBA-LAW.