The 2024 Title IX regulations went into effect on August 1, 2024. But since they were released in April, lawsuits were filed across the country to halt the U.S. Department of Education’s enforcement of the regulations. As of the August 1 effective date, preliminary injunctions were entered by federal district and appellate courts prohibiting the Department from enforcing the 2024 Title IX regulations in 26 states. Illinois is not one of those states. There is no statewide preliminary injunction in Illinois, and to our knowledge, there are no lawsuits involving the State of Illinois or any individual schools or school districts as of the date of publication.
However, one of the preliminary injunctions, issued by the U.S. District Court for the District of Kansas, is raising questions for Illinois schools. That is because the preliminary injunction issued by the Kansas district court explicitly states that it enjoins the Department from “implementing or taking any action to enforce” the 2024 Title IX regulations against the Plaintiff states (Kansas, Alaska, Utah, and Wyoming), the individual plaintiffs, and the Plaintiff organizations including “any school attended by a minor child of a member of Moms for Liberty” (emphasis added). Notably, the Kansas district court entered a separate order in July holding that the preliminary injunction applies to schools attended by current and prospective members of Moms for Liberty.
As a result, this preliminary injunction impacts schools nationwide where children of Mom for Liberty members attend. Moms for Liberty was ordered to submit a list of schools attended by their children. As of the date of publication, Moms for Liberty submitted an initial list of schools to the court and supplemented it twice as membership in the organization grows.
Most Illinois schools are not on the current Moms for Liberty school lists. Accordingly, the 2024 Title IX regulations went into effect for those schools on August 1. Those schools must implement the new Title IX regulations, including training employees and adopting updated policies and procedures.
For Illinois schools on the Moms for Liberty lists, the Department cannot require compliance with the 2024 Title IX regulations. For those schools, the Department clarified during a webinar on August 1 and then on its website (Sex Discrimination: Overview of the Law) that, pending further court orders, the 2020 Title IX Regulations remain in effect in those schools. That said, the Kansas district court’s order does not prohibit the schools from complying with the 2024 Title IX regulations.
Additionally, a preliminary injunction is temporary. It is unknown whether the Kansas district court injunction will become permanent as litigation in the case continues over the next several months. If the injunction is not permanent, and there is no other action by the Department or another court with jurisdiction over Illinois schools, the Department could immediately require compliance with the 2024 Title IX regulations in the Moms for Liberty schools covered by the preliminary injunction.
We recommend you consult with your board of education’s legal counsel to discuss how your school district should proceed. How a school district proceeds will depend on several factors, including whether any or all of its schools are on the Moms for Liberty school lists; if any or all of the schools are listed, whether the school district wants to halt implementation of the 2024 Title IX regulations and follow the 2020 regulations or proceed with implementing the 2024 regulations; and how the school district prefers to manage policy adoption.
We will continue to closely monitor the litigation in the Kansas / Moms for Liberty litigation, as well as the litigation nationwide impacting the 2024 Title IX regulations. As for your individual school district, please contact legal counsel to discuss your options.
Please contact Jennifer Rosenberg or any HLERK attorney with questions.
HLERK continues to support schools with all aspects of legal compliance related to Title IX, including review of applicable policies and procedures. Additional information regarding Title IX training and our Title IX resources are available on our website.
