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Court blocks new federal sex discrimination rules at more than 700 California schools

News in brief

Friday, September 13, 2024 10:54 AM

Because of a Kansas court decision, more than 700 California schools are unable to implement the revised Title IX regulations that went into effect in August, The Mercury News reported that.

This revised Title IX rules by the Department of Education adds federal protections for LGBTQ+ students, clarifying that the landmark 1972 civil rights law banning sex discrimination in education also prohibits discrimination on the basis of sexual orientation or gender identity. The revised law entitles LGBTQ+ students who experience discrimination to school response and federal intervention if the school fails them. Title IX applies to K-12 schools and colleges that receive federal money.

By several lawsuits, 26 states contested the changes, meaning the new rules did not take effect in all states and, in some cases, not all schools and colleges in some states.

Although California has not challenged the new rules, at least 98 K-12 schools and 687 colleges and universities in the state were affected by the order issued by a federal judge in Kansas, according to The Mercury News.

The Mercury News reports that the court order prohibits schools from enforcing the new policy if a student is a member of Moms for Liberty, Young America’s Foundation or Female Athletes United, three conservative groups that are parties to the lawsuit.

According to The Mercury News, the following schools and universities have been affected by the court order: Dublin Unified, East Side Union High School District in San Jose, Fremont Unified, Oakland Unified, Palo Alto Unified, San Francisco Unified, at least nine California State University campuses and six University of California campuses, as well as Santa Clara University and Stanford University.

In August, the Supreme Court rejected the Biden administration’s bid to allow unchallenged parts of the 2024 rule to go into effect as legal battles continue across the country, The Mercury News reported. Other parts of the revised Title IX rules strengthen protections for victims of campus sexual assault, such as broadening the definition of sexual harassment and not requiring live hearings.

The Supreme Court and Kansas court decisions mean that not all schools, even in the same school district, will be required to follow the same rules. In response, Fremont Unified told The Mercury News that the schools named in the order will follow the 2020 rules, while others will follow the new 2024 rules.

Dublin Unified officials told The Mercury News the district is updating its Title IX policy based on the new regulations, despite a court order against one of its high schools.

But how schools choose to implement the 2024 rule could expose them to lawsuits from groups that support or oppose Title IX revisions, Amy Brandt, an education attorney in San Francisco, told The Mercury News.

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