Federal Court Vacates 2024 Title IX Sex Discrimination Regulations Nationwide
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Date PostedJanuary 10, 2025
On January 9, 2025, in the case, State of Tennessee v. Cardona, the U.S. District Court in the Eastern District of Kentucky (Court) struck down the 2024 Title IX sex discrimination regulations that went into effect August 1, 2024. The Court vacated the regulations nationwide, meaning they are no longer in effect. This ruling came amid a flurry of other pending legal challenges against the regulations.
The Court found that the 2024 regulations issued by the U.S. Dept. of Education exceeded the authority of the Title IX statute, violated the U.S. Constitution, and were arbitrary and capricious. The Court did not specifically address the 2020 Title IX regulations. However, relevant case law provides that when a court vacates an agency's regulations, the “status quo” before the invalid regulations took effect is restored. In this case, the 2020 Title IX regulations that were effective from August 14, 2020 – July 31, 2024 are currently restored.
The Cardona ruling could be appealed, and with the upcoming transition to a new federal administration, the situation remains fluid and circumstances may change. Boards should contact their board attorneys to discuss the impact of this decision in their local districts.
The Illinois Association of School Boards is monitoring developments and will issue updates to PRESS and PRESS Plus subscribers regarding Title IX-related policies and procedures as appropriate.
The Court found that the 2024 regulations issued by the U.S. Dept. of Education exceeded the authority of the Title IX statute, violated the U.S. Constitution, and were arbitrary and capricious. The Court did not specifically address the 2020 Title IX regulations. However, relevant case law provides that when a court vacates an agency's regulations, the “status quo” before the invalid regulations took effect is restored. In this case, the 2020 Title IX regulations that were effective from August 14, 2020 – July 31, 2024 are currently restored.
The Cardona ruling could be appealed, and with the upcoming transition to a new federal administration, the situation remains fluid and circumstances may change. Boards should contact their board attorneys to discuss the impact of this decision in their local districts.
The Illinois Association of School Boards is monitoring developments and will issue updates to PRESS and PRESS Plus subscribers regarding Title IX-related policies and procedures as appropriate.