The Future of the 2024 Title IX Regulations: What to Do Now and What to Expect

On April 19, 2024, the U.S. Department of Education under President Biden’s Administration released its long-anticipated regulations implementing Title IX of the Education Amendments of 1972 (the “2024 Regulations”). The 2024 Regulations, which went into effect on August 1, 2024, significantly changed the Title IX regulations that were implemented under President Trump’s Administration in 2020. Notably, the 2024 Regulations broadened the scope of Title IX to cover a much broader range of sex discrimination, beyond just sexual harassment. The regulations also explicitly define sex discrimination to include discrimination based on sexual orientation and gender identity, which are already protected categories under Illinois law. School districts and colleges have been working diligently to comply with the 2024 Regulations, including amending their policies and procedures, and training staff on the new requirements.

Given the results of the Presidential election, the 2024 Regulations face an uncertain future. Political commentators and publications predict that President Trump’s Administration will unravel the 2024 Regulations; however, the timing and the mechanism for doing so remain unknown.

Although the future of Title IX is uncertain, the 2024 Regulations remain in effect, except for specific schools and colleges where the Department of Education is prohibited from enforcing the rules by a preliminary injunction. Accordingly, most Illinois school districts and colleges should continue taking the necessary steps to comply with the 2024 Regulations until formal action is taken by the new Administration or courts to legally prevent enforcement of those rules.

Robbins Schwartz will continue to monitor relevant litigation and the new Administration’s actions with respect to Title IX and provide timely updates. Please contact your Robbins Schwartz attorney with any questions about Title IX compliance or the status of the 2024 Regulations.