Today the court in Alabama denied the plaintiffs’ request for a preliminary injunction of the Title IX rules in the plaintiff states – Alabama, Florida, Georgia, South Carolina. This case also had plaintiff organizations.
This means that the rules will be effective and enforceable in those states August 1st.
There is only one outstanding lawsuit with an injunction request, and the plaintiff is Oklahoma.
We remain at 21 states with a preliminary injunction and only one pending lawsuit that could impact Oklahoma. Of course the other litigation (where preliminary injunctions were granted) is being appealed and the federal government is also seeking relief in the Supreme Court. No news yet on further outcomes at this time.
The most recent injunction on July 24 included the following states : Arkansas, Missouri, Iowa, Nebraska, North Dakota, South Dakota.
In other news, the Department of Education released a new document: 2024 Title IX Rules: Pointers for Implementation
The July 2nd decision from the Kansas court led to the injunction in Alaska, Kansas, Utah, and Wyoming. It also enjoined the Department of Education from implementing or taking any action to enforce the 2024 Title IX Final Rule against “the schools attended by the members of Young America’s Foundation or Female Athletes United, as well as any school attended by a minor child of a member of Moms for Liberty.”
What happened?
Those three organizations were all plaintiffs in the case, and they were directed to file a list of applicable schools by July 15. Those lists are attached below. The court ordered a preliminary injunction for all of these schools and institutions. Some of these listed schools are in states that already are subject to a preliminary injunction from a different lawsuit. But some are in states that have been part of advocacy in favor of the final rule.
As with the statewide injunctions from the other court orders (from courts in Kansas, Kentucky, Louisiana, and Texas), these injunctions are preliminary, pending final resolutions of those cases.
What do we know?
We know that this situation is unprecedented. Schools are continuing to learn that they are impacted and discussing with their leadership and counsel what this means for them. The Attorneys General who worked together to file briefs in support of the 2024 final rule may be mobilizing.
How can we help?
Professionals working in the Title IX space are experts at navigating the ever-changing legal landscape. As you prepare for this fall, Grand River Solutions has practitioners who are thoroughly reviewing the details so you don’t have to. We can assist you in implementing current policies and procedures, as well as help you update or strengthen them. Additionally, we can support your training needs, whether you require standards from 2020 or 2024. Contact us to phone a friend and get answers to your essential questions, allowing you to focus on the upcoming school year.
We have also provided the handy links below. The List of Enjoined Higher Ed Institutions is a document that we created to help you search to see if your institution is enjoined due to the Kansas Ruling.
LINKS:
LIST OF ENJOINED HIGHER ED INSTITUTIONS AND STATES/ORGANIZED BY LOCATION
EXHIBIT B COLLEGES & UNIVERSITIES BY YOUNG AMERICA’S FOUNDATION and FEMALE ATHLETES UNITED