New Title IX rule draws first legal challenges

Higher Ed Dive

Natalie Schwartz

April 30, 2024

Five states and a handful of advocacy groups sued over the Biden administration’s new Title IX regulations on Monday in two lawsuits that seek to block the rule from taking effect this August and instead keep the Trump-era version in place.

Led by Alabama, a collection of advocacy groups and three other states — Georgia, Florida and South Carolina — filed one lawsuit against the regulations, which govern how colleges must investigate and punish sexual violence. The state of Texas filed the other. 

Title IX bans sex-based discrimination at federally funded colleges and K-12 schools. But both lawsuits take issue with new protections that the Biden administration’s rule provides for LGBTQ+ students.

The Alabama-led lawsuit also alleges that the regulations undermine the due process rights of students accused of sexual misconduct. And it argues that the new regulations clash with state laws, including those that bar transgender students from using bathrooms that align with their gender identities.

The two lawsuits kick off a legal battle between the U.S. Department of Education and groups that say the final rule oversteps the agency’s authority. And even more Title IX lawsuits could be coming down the pike — especially when the department releases a forthcoming Title IX rule specifically governing athletics.

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