We have difficult news to share about the future of Title IX protections. A federal judge in Kentucky has vacated the 2024 Title IX Rule nationwide, making it unenforceable for the foreseeable future. While Title IX itself remains federal law, the updated rule—which included stronger protections for pregnant, postpartum, and lactating students—will not take effect as planned.
Despite this setback, students’ rights to accommodations remain. The Pregnant Scholar’s guidance still stands, and educational institutions should continue to provide pregnancy and postpartum accommodations. Importantly, the lactation accommodation and anti-discrimination provisions align with other legal protections and remain best practices for supporting students.
Breastfeed Durham continues to meet with Durham Public Schools and local universities to remind them that accommodating lactating students is not just best practice—it is the future. With the recent legislative changes from the PUMP Act, lactation accommodations are becoming more firmly protected under federal law. Lawsuits are already emerging nationwide, and schools that fail to act now may face costly legal battles in the near future. Investing in these policies proactively saves institutions money and ensures that they create an equitable learning environment for all students.
We know this is frustrating news, especially for those who have worked tirelessly to implement the 2024 Rule. The fight for inclusive and supportive learning environments continues, and we remain committed to advocating for the needs of breastfeeding, pregnant, and postpartum students.
We will keep you updated as this situation unfolds. For now, we encourage schools to continue implementing the best practices outlined in the 2024 Rule to support student parents.
👉 Read the full statement here.
In solidarity,
The Breastfeed Durham Team