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November 5, 2024 - Article

Where Are New Title IX Regulations Not Enforceable?

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By August 1, 2024, educational institutions across the country were required to implement the Biden administration’s new regulations concerning Title IX of the Education Amendments of 1972, which contained numerous expansions on the law’s protections. As anticipated, litigation followed, resulting in district courts issuing preliminary injunctions barring enforcement throughout the country. As of now, the 2024 regulations are enjoined from being enforced in nearly 26 states. While the litigations play out in due course, institutions in affected states will want to be on the lookout for any changes to these preliminary injunctions, and consider whether any state laws weigh into their consideration to amend their policies consistent with the new regulations. Read the article.