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Title IX’s Reach May Expand: Application to Non-Profits and Schools Not Accepting Federal Funding

By John W. Borkowski, Aleks Ostojic Rushing & Mackenzie Conway on October 25, 2022
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In July 2022, two federal district courts on opposite sides of the country issued opinions that have the potential to have a major impact on non-profits and schools not accepting federal funding throughout the country.

Case Law Background

The first case was before the U.S. District Court for the District of Maryland (Buettner-Hartsoe v. Baltimore Lutheran High School Association d/b/a Concordia Preparatory School) and involved several former students who sued Concordia Preparatory School, a private school, under Title IX of the Education Amendments of 1972 (“Title IX”). The former students alleged that the school failed to adequately address complaints of sexual assault and sexual harassment. Concordia Preparatory School moved to dismiss the lawsuit on the basis that it was not subject to Title IX because it did not receive federal financial assistance. The Court held that the school was subject to Title IX because it is a 501(c)(3) organization, even though the school does not otherwise receive direct federal aid, nor any financial aid from the U.S. Department of Education, and denied the school’s motion to dismiss.

In California, a female student, who played wide receiver for a public high school during a football scrimmage against Valley Christian Academy, was told that she could not play in future football games because she is female. The female student sued the opposing school, Valley Christian, for violating state and federal laws, including Title IX. Valley Christian moved to dismiss the lawsuit on the basis that it is not subject to Title IX, and the U.S. District Court for the Central District of California denied the motion. The District Court in California opined that even though the school was private and religious, it received federal financial assistance in the form of PPP loans, which triggered Title IX compliance.

These cases illustrate that there may be significant changes coming for tax-exempt organizations and those that participate in federal loan programs – with respect to Title IX and beyond.

Why this is important

Title IX has long been understood to only apply to educational institutions that receive federal financial assistance, which has not traditionally included independent or private schools that are not supported by federal funds. With the Maryland court’s holding that a school’s status as a 501(c)(3) organization brings the school under Title IX’s purview, the court indicated that Title IX’s reach is not set in stone and can expand. Nonprofit organizations that were not subject to Title IX may face a situation where they have to engage in a complete overhaul of the organization’s policies to comply with the regulations.

What this means to you

Join Husch Blackwell attorneys on November 16, 2022, to explore the intricacies of these recent decisions and the potential impact these cases will have across the board from private schools to nonprofit organizations and everything in between. Register here for the webinar.

Photo of John W. Borkowski John W. Borkowski

Coming from a family of teachers, John knows that educators are dedicated to serving students and society. His lifelong passion for education underlies the insightful counsel he provides to colleges, universities and school districts.

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Photo of Aleks Ostojic Rushing Aleks Ostojic Rushing

As a licensed teacher, Aleks’ passion for education runs deep and is at the core of her work with clients. She knows that every client and every student requires a unique approach to optimize success. Aleks counsels K-12 and higher education clients on…

As a licensed teacher, Aleks’ passion for education runs deep and is at the core of her work with clients. She knows that every client and every student requires a unique approach to optimize success. Aleks counsels K-12 and higher education clients on investigations, litigation and compliance matters arising from a wide range of civil rights and educational funding issues. These include Title IX, Title IV, the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA) and the Family Educational Records Privacy Act (FERPA).

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Photo of Mackenzie Conway Mackenzie Conway

Mackenzie guides clients on proactive compliance, training and policies that meet and exceed a wide range of changing regulations and place both public and private schools on optimal standing to face unexpected challenges. When audits or claims arise, Mackenzie collaborates within the firm’s…

Mackenzie guides clients on proactive compliance, training and policies that meet and exceed a wide range of changing regulations and place both public and private schools on optimal standing to face unexpected challenges. When audits or claims arise, Mackenzie collaborates within the firm’s coast-to-coast footprint for optimal representation and resolution.

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  • Posted in:
    Nonprofit and Exempt Organizations, Technology and AI
  • Blog:
    K-12 Legal Insights
  • Organization:
    Husch Blackwell LLP
  • Article: View Original Source

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