Potential Impact of Title IX and FCC Universal Fund

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Today, we are discussing a series of court rulings from last week that could have an enormous impact on the implementation of Title IX regulations and the future of the Federal Communications Commission’s Universal Service Fund, which operates the E-rate program.

A few weeks ago, we reported that the future of Title IX protections has been cast into uncertainty after a federal judge temporarily blocked the new Title IX regulations in six states: Arkansas, Iowa, Missouri, Nebraska, North Dakota, and South Dakota. This brings the total number of states with paused regulations to 21.
Moreover, more than 600 colleges across the country have seen these regulations put on hold, even in states without statewide blocks.

U.S. District Judge Rodney Sippel stated that the states challenging the regulations have a ‘fair chance’ of winning their case.
The new Title IX rules, set to take effect on August 1st, aim to expand protections to include gender identity and sexual orientation as forms of sex-based discrimination.

While LGBTQ+ advocates support these changes, several conservative states have pushed back, arguing that the regulations overstep federal authority and compromise privacy protections.

The Arkansas-led lawsuit alleged that the U.S. Department of Education overstepped its authority by requiring states, colleges and schools to “ignore biological sex in favor of self-professed ‘gender identity.’”

The Department of Education has said that these changes aim to provide clearer procedures and more comprehensive support for addressing sex discrimination.

Now, let’s turn to the Federal Communications Commission’s Universal Service Fund and the E-rate program.
Last Wednesday, the 5th U.S. Circuit Court of Appeals ruled the current funding mechanism for the Universal Service Fund unconstitutional.

However, the E-rate program, which provides affordable internet to schools and libraries, remains operational for now.
E-rate experts anticipate that the FCC will appeal this decision, which could eventually reach the U.S. Supreme Court.
Nearly every school district benefits from this program, and it plays a crucial role in ensuring access to internet services.
In the meantime, schools and libraries should proceed with their applications for the upcoming school year and experts are saying that schools should not expect immediate changes and should continue preparing for future funding.

The case could take up to three years to resolve and FCC Chair Jessica Rosenworcel condemned the court’s decision, emphasizing the long-standing bipartisan support for FCC programs that connect underserved communities.

“This decision is misguided and wrong,” Rosenworcel said. “It upends decades of bipartisan support for FCC programs that help communications reach the most rural and least-connected households in our country, as well as hospitals, schools, and libraries nationwide.”

We will continue to monitor the progress on these two important rulings and bring you the latest updates in the coming months.
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