Thompson Coburn higher education partner Scott Goldschmidt was quoted extensively in a recent Law.com article on the U.S. Supreme Court blocking new Title IX rules proposed by the Biden administration to protect LGBTQ+ individuals.
Scott told Law.com that the Fifth Circuit is known for “beating to their own drum” and anticipates that even if the Supreme Court signaled something overtly, the Fifth Circuit “would not necessarily have taken it to heart in terms of their overall decision.”
A separate case, Kansas v. U.S. Department of Education, adds further complexity to the new Title IX rules as students return to school. Scott said that schools covered by the injunctions are generally following the 2020 version of the Title IX regulations, while those not covered will adopt the new 2024 version.
Scott emphasized the importance of schools assessing their current compliance status. "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," he said.
Original source can be found here.