Ohio Capital Journal 8/1/24. Though the final rule is slated to go into effect on August 1 it’s now blocked in 22 states and has faced mounting legal uncertainty.
The three part test provides that provides that institutions comply with Title IX if they meet any one of the following parts of the test: (1) the number of male and female athletes is substantially proportionate to their respective enrollments; (2) the institution has a history and continuing practice of expanding participation opportunities responsive to the developing interests and abilities of the underrepresented sex; or (3) the institution is fully and effectively accommodating the interests and abilities of the underrepresented sex.
The 6th Circuit said the department had not followed the proper procedures for making new rules and did not address whether a federal law banning sex discrimination in education extends protections to LGBTQ students.
LGBTQ Employment Law Practice Guide
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