By attorney Rebecca Reif
On July 24, 2024, the U.S. District Court for the Eastern District of Missouri entered a preliminary injunction against the U.S. Department of Education’s Final Rules under Title IX, which were set to go into effect on August 1, 2024. The State of Iowa is a Plaintiff in this court case, so this decision halts enforcement of the new Final Rules in the State of Iowa, and for all its K-12 and Higher Education institutions which receive federal funding and are covered by Title IX.
Overall, the Court found the Plaintiffs “met their preliminary burden of demonstrating a fair chance of prevailing on their argument that the Department [of Education] exceeded its statutory authority in expanding the definitions of sex discrimination and sex-based harassment and that the Final Rule’s interpretation of sex and discrimination are therefore contrary to Title IX,” and that they met the other elements for a preliminary injunction. The Court declined to issue a nationwide ban, but enjoined the entire Final Rule for the applicable states -– including Iowa.
What does this mean for Iowa schools, colleges, and universities?
The Title IX Final Rules set to go into effect on August 1, 2024 are currently halted for all schools, colleges, and universities in the State of Iowa. New policies, procedures, trainings, and other aspects of compliance with the new Final Rule should be suspended. Current Title IX policies and procedures under the 2020 Title IX regulations should continue to be utilized until further notice.
However, court proceedings should be monitored, because this decision is likely to be appealed and the enforceability of the new Title IX Final Rules are being decided in other jurisdictions. It is possible the Final Rules will be permanently enjoined, but they may also go into effect (in whole or in part) sometime in the future.
Please see our previous client alert published on July 19, 2024 regarding the U.S. Department of Education’s new Final Rules under Title IX, and pending court actions affecting implementation, for background and context.
If you have questions, please contact an attorney in the Ahlers & Cooney Education Law Practice Area for guidance.
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