Recent Court Cases May Subject Independent Schools to Title IX Regulations
Two recent court cases, noted below, have ruled that an independent school’s tax-exempt status should be considered federal financial assistance, which would subject these institutions to Title IX regulations.
- July 21, 2022: the U.S. District Court for the District of Maryland – Buettner-Hartsoe v. Baltimore Lutheran High School Association
- July 25, 2022: the U.S. District Court for the Central District of California – E.H. v. Valley Christian Academy
In Buettner-Hartsoe v. Baltimore Lutheran High School Association, the court ruled that the School is subject to the requirements of Title IX of the Education Amendments Act of 1972 (Title IX) because, according to the ruling, its (501(c)(3) status, in and of itself, constitutes receipt of federal financial assistance. Shortly thereafter, the California court came to the same conclusion in E.H. v. Valley Christian Academy. These rulings represent a dramatic change in the understanding of the existing law.
The National Business Officers Association is partnering with the National Association of Independent Schools (NAIS), Southern Association of Independent Schools (SAIS), and the Association of Independent Schools of Greater Washington (AISGW), and a team of legal experts to author an amicus (friend of the court) brief in support of the school’s motion to the Maryland federal court in the Buettner-Hartsoe case to reconsider its decision or, alternatively, to grant an immediate appeal.
According to NAIS’ legal counsel, “…this opinion does not necessarily mean that all nonprofit schools must have Title IX programs today”. Maryland and California institutions should seek the advice of legal counsel regarding the potential impact of these specific rulings on their institutions. Independent schools across the country may also wish to take proactive steps in anticipation of additional similar rulings, including seeking the advice of legal counsel and reviewing existing policies.
This content was written by CLA’s John Toscano, Principal and Independent School Segment Leader.
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