Yesterday, a federal district court in Kentucky issued a ruling striking down the 2024 “Final Rule” (i.e., the 2024 regulatory changes) in its entirety and is applicable nationwide (Link Here). As of January 9, 2025, all educational agencies receiving federal financial assistance, must revert to the 2020 Title IX regulations.

As many will recall, under the 2020 regulations Title IX did not include sexual orientation or gender identity within the scope of discrimination on the basis of sex. Further, the 2020 regulations required K-12 local educational agencies (LEAs) to comply with specific processes for Title IX recordkeeping and responding to complaints, including: providing written notice, a right to an advisor, and a two-step evidence inspection and question and answer phase, among other requirements. These processes, which were modified under the 2024 Final Rule, are now back in place. Notably, California law unequivocally prohibits harassment and discrimination on the basis of gender identity and sexual orientation. Therefore, while any complaints arising on these bases are no longer subject to Title IX, in California, LEAs are required to continue to honor state and local laws prohibiting bullying, harassment and discrimination on any protected basis, including gender identity and sexual orientation.

Practically, the implication of yesterday’s ruling for California K-12 LEAs depends on what steps the LEA has already taken to date. Specifically, LEAs that were current with the 2020 regulations and have not yet updated their policies to align with the 2024 Final Rule, need not take any action at this time. However, LEAs who made policy and training updates in compliance with the 2024 Final Rule should now revert back to their 2020 policies. Title IX Coordinators may wish to consider refamiliarizing themselves and their Title IX teams on the 2020 processes and procedures. Additionally, LEAs should review their websites and publications to ensure all public facing information is aligned with the 2020 regulations once again.

Finally, this ruling leaves some uncertainty about what regulatory scheme should be applied moving forward for any LEAs that have active Title IX cases. LEAs with active Title IX cases should contact legal counsel. If you have any questions about the Title IX regulations, please contact Clientservices@dwkesq.com or a DWK attorney in our Labor, Employment, and Personnel (LEAP) Group or Students Group.