Law.com

'Learn to Live in the Gray Area': Schools Across the Nation Face Patchwork Implementation of New Title IX Rules as School Year Begins

"There are certain things in the 2024 rule that, even if you are not adopting, the institution might still want to implement. Things like student training or employee training are needed to put yourself in the best position to defend against any potential Title IX actions. But it is still unclear, and I think we will have to learn to live in the gray area," said Scott Goldschmidt, a partner with Thompson Coburn in Washington, D.C.
4 minute read

Law.com

US Supreme Court Won't Rescue Biden Administration's Revised Title IX Rules in Challenged States

"The lower courts concluded otherwise because the new definition of sex discrimination is intertwined with and affects many other provisions of the new rule," the majority wrote. "Those courts therefore concluded, at least at this preliminary stage, that the allegedly unlawful provisions are not readily severable from the remaining provisions."
4 minute read

Daily Business Review

Enrollment Cliff: Part Deux

Since my article in March 2020, approximately 61 colleges and universities have closed, or merged with other institutions to save themselves from closing.
4 minute read

Texas Lawyer

Release of AI-Graded Test Scores Frozen, Permanent Injunction Requested

School districts allege Texas Education Agency Commissioner Mike Morath violated the Education Code in the development and use during the 2023-2024 school year of the standardized testing system.
4 minute read

The Legal Intelligencer

What the Title IX Injunctions Mean for Schools and Students This Fall

While it is hard to discern exactly what difficulties schools will face in the wake of changing injunctions, it is clear that the sooner this issue is resolved, the better for both the schools and the students the Title IX rules are meant to protect.
6 minute read

Daily Business Review

Florida High School Athletes and NIL Contracts: What You Need to Know

On July 24, the Florida High School Athletic Association (FHSAA) approved changes to FHSAA Bylaw 9.9 which governs amateurism, and now, NIL for Florida high school student-athletes. These changes to Bylaw 9.9 will allow Florida high school student-athletes to profit from the use of their NIL while maintaining their high school athletic eligibility.
4 minute read

Law.com

On Eve of Title IX Effective Date, 11th Circuit Blocks Biden Administration's New Rules From Going into Place

"It is frustrating for clients. They are in an impossible situation of uncertainty and are potentially wasting resources in terms of getting ready to comply with regulations that might never come into effect," Sam M. Schwartz-Fenwick, a partner in Seyfarth Shaw's labor and employment department and co-leader of the firm's cultural flashpoints team, told Law.com.
6 minute read

Law.com

The Developing Title IX Legal Landscape

Stay on top of the evolving legal risks at educational institutions with news and analysis from the Law.com Newsroom.
6 minute read

The Recorder

Golden Gate University Law School Impending Closure: Upcoming Hearing to Determine Injunction Request as Students Prepare to Transfer

"The students are like, 'we're one month away, what's the plan?'" said Ryan Griffith, lead attorney and adjunct professor at Golden Gate University Law School. "I've been trying to get answers formally for months, and that's why we did this litigation."
6 minute read

Law.com

Title IX Heads to US Supreme Court: Department of Education Seeks Relief From Enjoining Dozens of Unchallenged Provisions

"First, the district court plainly erred in enjoining dozens of provisions that respondents have not challenged and that the court did not find likely unlawful," the stay application argued. "Like the injunction in Labrador, that sweeping relief ignores the fundamental principle that equitable relief must be tailored to match the plaintiffs' injuries and legal claims."
4 minute read

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