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On January 9, 2025, a federal district court in Kentucky ruled that the 2024 Title IX Regulations “are invalid and must be set aside.” Despite some ambiguity in the text of the decision, we concluded that the ruling likely vacated the 2024 Title IX Regulations for schools nationwide—not just for schools in the plaintiff states.

Yesterday, the U.S. Department of Education’s Office for Civil Rights (OCR) issued guidance that confirms our analysis. In the guidance, entitled Online or Digital Sexual Harassment under the 2020 Title IX Regulations: A Resource for Students, Families, and Educators, OCR notes that the Kentucky decision vacated the 2024 Title IX Regulations nationwide. Specifically, in footnote 2 on the last page of the document, OCR states: “On January 9, 2025, a federal district court issued a decision vacating the 2024 Final Rule. Consistent with the court’s order, the 2024 Title IX regulations are not effective in any jurisdiction.” It is also notable that the title of the guidance itself references the 2020 Title IX regulations.

What This Means for Schools

Although we cannot predict what changes, if any, will be made to the 2020 Title IX Regulations in the future, what is clear now is that the 2024 Title IX Regulations are no longer in effect. Accordingly, schools are advised to discontinue use of policies and regulations that follow the 2024 Title IX Regulations and resume using those that were in place under the 2020 Title IX Regulations. 

In the absence of additional guidance from OCR, unanswered questions remain. For example, it is possible that the 2020 Title IX Regulations may change, requiring yet another iteration of policy and regulation changes in schools across the country. There is also no guidance regarding the impact of the Court’s ruling on investigations that were opened or concluded during the period between August 1, 2024, and January 9, 2025. We recommend consulting with legal counsel to explore how these issues could affect your schools.

Conclusion

As you begin to transition back to the 2020 Title IX regulations, we invite clients to reach out with any questions regarding your policies, procedures, investigations, or other circumstances. We will continue to monitor this situation closely, and we will provide further guidance as it becomes available.

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Photo of Julie C. Fay Julie C. Fay

Julie is co-chair of Shipman’s Education Department, and a partner in the School Law Practice group, where she represents public and independent schools in a variety of special education and general education law matters, with a particular focus on issues relating to students…

Julie is co-chair of Shipman’s Education Department, and a partner in the School Law Practice group, where she represents public and independent schools in a variety of special education and general education law matters, with a particular focus on issues relating to students with disabilities, student discipline, confidentiality, school governance and policy. Julie frequently represents schools in administrative hearings, including expulsion hearings, special education due process hearings and related proceedings, and is often called upon to guide districts in drafting policies and administrative procedures in all education law areas. As part of her practice, Julie has conducted numerous professional development workshops for clients and other school organizations.

Photo of Sarah Gleason Sarah Gleason

Sarah Gleason is a member of the firm’s School Law Practice Group, where she advises public school districts on a variety of general education, special education and labor and employment issues.  Prior to receiving her J.D., Sarah worked as an elementary school teacher…

Sarah Gleason is a member of the firm’s School Law Practice Group, where she advises public school districts on a variety of general education, special education and labor and employment issues.  Prior to receiving her J.D., Sarah worked as an elementary school teacher, and she brings that unique perspective to her practice as a school law attorney.

Photo of Tom Owen Tom Owen

Tom Owen works with schools and colleges on legal issues related to students, employees, governance, and policy. He draws on his previous career in education to offer practical legal guidance to school leaders. Tom holds a J.D. from Northeastern University School of Law…

Tom Owen works with schools and colleges on legal issues related to students, employees, governance, and policy. He draws on his previous career in education to offer practical legal guidance to school leaders. Tom holds a J.D. from Northeastern University School of Law, an M.A. in private school leadership from the Klingenstein Center for Independent School Leadership at Columbia University’s Teachers College, and an A.B. in comparative literature from Dartmouth College.

Photo of Erin R. Shaffer Erin R. Shaffer

Erin Shaffer handles special education, regular education, disciplinary issues and school accommodation matters.

Photo of Jessica Richman Smith Jessica Richman Smith

Jessica represents schools in a variety of education, labor relations and employment law matters.  She negotiates certified and non-certified collective bargaining agreements on behalf of numerous public boards of education.  Jessica also represents school districts in labor and employment disputes, freedom of information…

Jessica represents schools in a variety of education, labor relations and employment law matters.  She negotiates certified and non-certified collective bargaining agreements on behalf of numerous public boards of education.  Jessica also represents school districts in labor and employment disputes, freedom of information hearings, teacher tenure proceedings, student disciplinary matters, election law matters, and other legal proceedings arising in the education context.  In addition, Jessica advises schools on education policies and practices, compliance with the Family Educational Rights and Privacy Act and the Connecticut Freedom of Information Act, and other legal matters arising in the education context.