Following our August 5 update, we continue to receive inquiries regarding school districts’ implementation of the 2024 Title IX regulations in light of the “Moms for Liberty” litigation and injunction entered by a Kansas federal district court. This injunction, in part, prohibits the U.S. Department of Education (DOE) from enforcing the 2024 Title IX regulations in any school attended by a minor child of a member of the Moms for Liberty organization. In response to this injunction and similar litigation nationwide, the DOE’s guidance to school districts is that the 2024 Title IX regulations are not applicable in those states and schools. Instead, pending further court action, the DOE’s position is that the 2020 Title IX regulations remain in effect in any school attended by a student of a Moms for Liberty member.
Importantly, it is the DOE that is enjoined from its enforcement authority in the Moms for Liberty injunction (i.e., the DOE is prohibited from enforcing their Title IX rules). No Illinois school district is a party to the Kansas litigation. However, due to the DOE’s guidance and response to the Kansas injunction, Illinois school districts fall into three categories:
- School districts with no Moms for Liberty members = 2024 Title IX regulations are in effect.
- School districts with all schools with Moms for Liberty members = 2020 Title IX regulations are in effect; however, school districts in this group may implement the 2024 Title IX regulations if they choose.
- School districts with some schools with Moms for Liberty members = 2024 Title IX regulations are in effect for schools without Moms for Liberty members, and 2020 Title IX regulations in effect for the schools with Moms for Liberty members; however, school districts may implement the 2024 Title IX regulations districtwide if they choose.
Many of you are asking how you determine if any of your schools are on the “Moms for Liberty” list.
Please note this is a very fluid situation; Illinois schools with students of Moms for Liberty members continues to grow. The current list of Illinois schools attended by children of Moms for Liberty members can be found here. (This list is current as of July 31 and contains three separate lists that must be checked.) Moreover, your school district may be notified directly by a parent who is a member of the Moms for Liberty organization.
We recognize this is both complex and high profile. Please contact an attorney in our Students/Special Ed practice group, or any HLERK attorney, with your questions. We are here to help you navigate your school district’s options for implementing the 2024 Title IX regulations, including options related to adopting the updated PRESS policy set, and specifically Policy 2:265, Title IX Grievance Procedure.
HLERK 2024 Title IX Resources:
- Final Title IX Regulations Issued – Effective August 1, 2024 (4/19/24)
- Title IX Training Requirements – For Your Title IX Team and All Employees (6/3/24)
- HLERK Title IX Training Ongoing and Title IX Resource Materials Now Available! (8/2/24)
- 2024 Title IX Regulations: What Do the Recent Legal Challenges Mean for Illinois School Districts? (8/5/24)
