Education Department Formally Repeals Biden-Era Title IX Rule

The Trump administration's Department of Education formally rescinded the Biden administration's Title IX rewrite, restoring the Trump first-term rules.

The change takes effect Tuesday, September 29, 2026. Under the final rule, the Education Department's anti-discrimination policy recognizes sex as male or female at birth, formally removing Biden-era regulations that extended protections based on sexual orientation and gender identity to students and employees at federally funded schools. The Biden administration's 2024 rule had expanded the definition of sex discrimination to include sexual orientation, gender identity, and sex stereotypes, and also lowered the bar for harassment.

A federal judge vacated the Biden rule nationwide on January 9, 2025, and the Education Department has been enforcing the earlier 2020 rules since January 2025. Education Secretary Linda McMahon stated the move aligns published regulations with court decisions and congressional intent, aiming to reduce confusion for parents, students, and educational institutions. McMahon said the action restores the commonsense language promulgated in the first Trump Administration.

Advocates warned the rollback weakens protections for trans students and for students experiencing sexual harassment or assault. Cathy Renna, communications director at the National LGBTQ Task Force, stated this weakened protections for all students, especially trans students, women and girls, and those who experience sexual harassment or sexual assault. Human Rights Campaign (HRC) criticized the administration for making the change without public feedback.

Parental and women's rights groups celebrated the reform, with Sarah Parshall Perry, vice president of Defending Education, calling the Biden rule a violation of the Spending Clause, First Amendment, and Administrative Procedure Act. The 2020 rules include procedural requirements such as live hearings in some college cases. The department stated that remaining lawsuits over the Biden rules were dismissed in August, clearing the way for formal removal. Title IX was enacted in 1972, barring sex discrimination in education programs receiving federal funding.