Independent Schools Association of the Southwest

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Allison Rose

By Brian Guerinot, Fisher Phillips (from March 28, 2024)
A federal appeals court ruled yesterday that Title IX does not apply to a private school based purely on its nonprofit status, reversing a lower court’s bombshell decision that put the entire private and independent school community on notice. This decision by the 4th U.S. Circuit Court of Appeals represents a big win for private schools in Maryland, Virginia, West Virginia, North Carolina, and South Carolina – and helps restore the status quo that had been in place for decades. Private schools nationwide can cautiously celebrate this decision, as it may influence other courts to follow suit on an issue that has courts split across the country. We’ll explain what happened and guide nonprofit private schools on what they should do next.
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