American Civil Liberties Union

This class action suit challenges the lawfulness of a Kentucky school district’s policy of segregating its students by sex and thus exposing them to a learning environment that is fundamentally unequal in violation of the Fourteenth Amendment, Title IX, the Equal Educational Opportunities Act, and KY sex equity law.

In May 2008, WRP and the ACLU of Kentucky took over representation of several plaintiffs and filed an amended complaint in this case. The amended complaint expands a previous lawsuit filed by a private attorney against the school district by naming the U.S. Department of Education (DOE) as a defendant, arguing that the Title IX regulations issued by the DOE that encourage school districts to segregate students by sex are themselves unlawful.

In July 2008, the ACLU filed a Motion for Class Certification and we await a ruling on this motion. In August Judge Simpson denied the Breckinridge County Defendants’ Motion to Dismiss, allowing our case to proceed against the County Defendants. On September 19, 2008, we filed our response to the Federal Defendants’ Motion to Dismiss.