Legal Update for Special Education Law – Updates from the U.S. Department of Education

In Tennessee v. Cardona, 2025 WL 63795, a Kentucky federal judge issued an opinion vacating the new Title IX regulations. 

In April of 2024, new Title IX regulations expanded the concept of discrimination “on the basis of sex” under Title IX to include “discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.” The new regulations redefined expanded “sexual harassment” to encompass both “sexual harassment and other harassment on the basis of sex.” It also expanded protections for students against sexual harassment. 

The Kentucky District Court held that the Department of Education exceeded its statutory authority when it expanded the definition of “on the basis of sex” to include “gender identity.” 

The District Court also found the new regulations violated the First Amendment by requiring the use of names and pronouns associated with a student’s asserted gender and these names and pronouns were vague and overbroad. 

Additionally, the District Court found the new regulations violated the Spending Clause by conditioning receipt of federal funding on the prohibition of discrimination based upon gender identity. 

While not binding on other district courts, we will continue to monitor this case as it proceeds on appeal. 

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