Updated Title IX regulations, which were scheduled to take effect August 1, are now on hold in Ohio from two directions.

In mid-June, a federal court in Kentucky issued a preliminary injunction in Tennessee, et al. v. Cardona, preventing the U.S. Department of Education (“USDOE”) from enforcing the new regulations in Kentucky, Tennessee, Ohio, Indiana, Virginia, and West Virginia.

Then, last week, a federal court in Kansas issued a separate injunction in Kansas, et al. v. U.S. Department of Education, et al., preventing the USDOE from enforcing the new regulations in Kansas, Alaska, Utah, and Wyoming. Ordinarily, the ruling out of Kansas would not impact schools in Ohio. However, the Kansas case involved several private organizations as plaintiffs, including Moms for Liberty. In addition to prohibiting enforcement of the 2024 Title IX regulations in the four states suing, the Kansas court also barred enforcement in any school enrolling a child whose parent is a member of the plaintiff organizations, including Moms for Liberty. The organizations have until next week to provide the Kansas court with a list of school districts enrolling their members’ children.

The combined impact of the Tennessee and Kansas cases is that, for now, no school in Ohio is subject to the 2024 Title IX regulations. Districts should continue to follow the 2020 Title IX regulations and should consider also preparing their staff for implementation of the 2024 regulations, in case either or both of the current injunctions are lifted.