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Education Department rescinds Biden-era Title IX rule

Education Department rescinds Biden-era Title IX rule

Rule Changes

The formal move restores the 2020 DeVos-era rule, though courts had already vacated the Biden version in January.

Yesterday: 2020 rule recodified, 2024 rule repealed

Overview

Updated 1 hour ago

The Education Department formally removed the Biden administration's 2024 Title IX rewrite from federal code on Sept. 29, restoring the 2020 rule that treats sex as a binary category. The 2024 rule had expanded protections to sexual orientation, gender identity, and sex stereotypes, and it set a lower bar for what counts as harassment.

The practical effect is small: courts vacated the 2024 rule nationwide in January 2025, and the department has enforced the 2020 version ever since. The rescission clears the regulatory text for a possible new rule defining 'sex' as biological sex, which would cement the rollback of LGBTQ protections in education.

Why it matters

Transgender students now lack explicit anti-discrimination protection in federal education law, and the department may next define 'sex' as strictly biological.

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Key Indicators

8
Courts that enjoined the 2024 rule
Preliminary injunctions from eight federal courts blocked the rule in 26 states before the full vacatur.
$50M+
Education funds tied to Virginia compliance dispute
Five Northern Virginia districts placed on reimbursement status over their refusal to follow Title IX.
4
Provisions dropped in the recodification
The department omitted four 2020-era provisions that courts had vacated or that were made obsolete.

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Timeline

May 2020 September 2026

7 events Latest: Yesterday
Tap a bar to jump to that date
  1. 2020 rule recodified, 2024 rule repealed

    Latest Rulemaking

    The Education Department formally restores the 2020 regulation and removes the 2024 version from federal code.

  2. Department enforces 2020 rules again

    Statement

    Eleven days into Trump's term, the Education Department announces it will enforce the 2020 Title IX rules.

  3. Biden publishes 2024 Title IX rewrite

    Rulemaking

    The Biden administration finalizes a rule extending sex-discrimination protections to LGBTQ students and sex stereotypes.

  4. 2020 Title IX rule published

    Rulemaking

    Education Secretary Betsy DeVos publishes a rule adding due-process hearing and cross-examination rights for students accused of harassment.

Scenarios

1

Education Department defines 'sex' as biological

Likely Resolves by End of 2027

Discussed by: The department's regulatory agenda, covered by Inside Higher Ed and McGuireWoods

The department has signaled it will amend Title IX to align with Trump's executive orders on gender identity, defining 'sex' as an individual's immutable biological classification as male or female. A proposed rule would open a public comment period, then a final rule would follow.

2

2020 rules stay in place, no new rulemaking

Possible Resolves by End of 2027

Discussed by: Education Week, citing the department's fact sheet

If the administration prioritizes other fights or the rulemaking stalls, the 2020 text stays in the Code of Federal Regulations. The department has stressed its rescission 'reflects no new policy decisions,' which some read as a hint it may not rush into new rulemaking.

3

Congress passes legislation fixing Title IX's definition of sex

Unlikely Resolves by End of 2027

Discussed by: Mentioned as a possibility because bills like the Protection of Women and Girls in Sports Act have been introduced in prior Congresses

Lawmakers could try to codify a biological definition of sex, or restore the Biden-era LGBTQ protections, preempting the department's rulemaking. Legislation would survive a future administration's reversal but faces a high bar in a divided Congress.

Historical Context

2 moments from history that rhyme with this story — and how they unfolded.

April 2011 – September 2017

Obama's 2011 Dear Colleague letter (2011–2017)

In 2011, the Education Department's civil rights office directed schools to investigate sexual assault under a 'preponderance of the evidence' standard and to finish cases within 60 days. It came as guidance, not a formal regulation.

Then

Education Secretary Betsy DeVos rescinded the guidance in September 2017.

Now

The rescission led to formal rulemaking that produced the 2020 rule, which added hearing and cross-examination rights for accused students.

Why this matters now

It shows the pattern now repeating: Title IX policy swings with each administration, and the law's meaning changes sharply with who holds the White House.

June 2020

Bostock v. Clayton County (2020)

The Supreme Court ruled 6-3 that Title VII of the Civil Rights Act of 1964 bars employment discrimination based on sexual orientation or gender identity.

Then

The Biden Education Department leaned on Bostock's reasoning when it wrote the 2024 Title IX rule extending nondiscrimination protections to LGBTQ students.

Now

Federal courts rejected that extension for education, ruling Bostock addressed workplace discrimination, not the education law. This undercut the 2024 rule.

Why this matters now

The 2024 rule's reliance on Bostock is why its LGBTQ protections fell, and the formal rescission now removes those protections from the federal code.

Sources

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