Document Type

Blog Post

Publication Date

11-2-2025

Abstract

The Department of Education (“ED”) enforces civil rights in education through Title IX. Title IX prohibits sex-based discrimination in federally funded educational programs, and promotes inclusion in higher education.  Significantly, Title IX enforcement depends on the executive branch controlling the ED, as this power rests with both the Department of Justice and the ED’s Office for Civil Rights (OCR). Historically, judicial enforcement of statutes like Title IX relied on agency interpretation under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., which required judicial deference to executive agencies when statutes are ambiguous.  However, the Supreme Court’s 2024 decision in Loper Bright Enterprises v. Raimondo overruled Chevron deference, holding that while courts must interpret statutory text, they may now do so independently of agencies, which now receive only Skidmore v. Swift & Co. respect, under which an agency’s interpretation is persuasive only to the extent that it has the “power to persuade.”  The OCR retains the authority to investigate complaints, issue guidance, and condition federal funding on compliance, enforcing Title IX as they deem reasonable.  This discretion, combined with Title IX’s breadth, makes protections dependent on executive priorities, impacting marginalized students in noncompliant institutions.

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on November 2, 2025. The original post can be accessed via the Archived Link button above.

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