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IMPLEMENTATION OF FEDERAL TITLE IX REGULATIONS MAY BE IMPACTED BY FEDERAL LITIGATION
Federal regulations interpreting Title IX of the Education Act (the “Regulations”) are currently scheduled to go into effect on August 1, 2024. The Arizona School Boards Association and the Arizona School Risk Retention Trust have issued recommended policy updates with proposed changes to their respective Title IX policies to align with the revised federal regulations.
Multiple lawsuits are pending nationally in federal courts around the country regarding the Regulations. In many of those lawsuits, the plaintiffs have sought, and some have obtained orders enjoining implementation of the Regulations. Due to the pending uncertainty, some governing boards have enacted updated policies that allow the prior policy to be used if an injunction that affects an Arizona school or district is issued.
As of today, there is no injunction preventing application of the rules in Arizona generally. This could change if a nationwide injunction is issued.
However, an injunction issued in the matter of State of Kansas, et al. v. United States Department of Education, et al. (Case No. 24-4041-WB) may impact your district (the “Kansas lawsuit”). The United States District Court for the District of Kansas has enjoined the application of the revised Title IX regulations in any school in which students attend who are or have parents who are members of the following plaintiff organizations:
- Young America’s Foundation;
- Female Athletes United; or
- Moms for Liberty.
On July 26, 2024, the plaintiffs in the Kansas lawsuit were required to submit a list of schools subject to the injunction. Click Here to view the list. The Kansas District Court has also ruled that the injunction is prospective, so future membership in the above organizations also enjoins the application of the revised Title IX regulations at those schools.
If a parent informs a school within your district that they are a member of the above organization, please call your attorney for advice on how to proceed.
Robert D. Haws
rhaws@gustlaw.com
602.257.7976
Susan P. Segal
spsegal@gustlaw.com
602.257.7425
Jennifer N. MacLennan
maclennan@gustlaw.com
602.257.7475
Carrie L. O’Brien
cobrien@gustlaw.com
602.257.7414
Benson Hufford
bhufford@gustlaw.com
520.388.4797
Claire DeChambre
cdechambre@gustlaw.com
928.213.8757
Nathan Schott
nschott@gustlaw.com
928.213.8741
Joseph Williams
jwilliams@gustlaw.com
520.205.4740
