On January 9, 2025, a federal judge in Kentucky issued a nationwide order1 invalidating the Biden administration’s 2024 Title IX rules, which had strengthened regulatory protections for students against sex-based harassment, anti-LGBTQI+ discrimination, and discrimination based on pregnancy or related conditions. So, unless the court decision is successfully appealed, the Department of Education can no longer enforce the 2024 Title IX rules.
However, the Title IX statute, which was passed by Congress in 1972, remains in place, and many courts have recognized the broad scope of the statute’s protections for students, regardless of what is in the Title IX rules.
Read this document to learn more about what schools still must do, as well as what they can and should do, to protect LGBTQI+ students, student survivors, and pregnant and parenting students from sex discrimination.