The Department of Education on September 28 officially rescinded the Biden administration’s Title IX guidance that added sexual orientation and gender identity to the definition of sex discrimination.
It restores the 2020 Trump-era rule that defines sex discrimination as protecting “the safety, dignity, and opportunities” of women in schools receiving federal funding, according to the department’s statement.
Federal courts in 2024 and 2025 struck down Biden’s 2024 Title IX regulations, ending all pending litigation over the policy, the department confirmed.
In December 2024 the Education Department withdrew a proposed rule that would have set sex‑related eligibility criteria for male and female athletic teams, but the rule remained in the Code of Federal Regulations until August 2026, when the department finally removed it, it said.
Education Secretary Linda McMahon said the new rule “faithfully reflects court orders and congressional intent,” reducing confusion for parents, students and institutions.
Background on Title IX Changes
Biden’s 2020 campaign promise to expand Title IX led to regulations that broadened the definition of sex discrimination, taking effect in 2024.
The rules also eliminated the 2020 requirement that campus sexual‑assault accusers undergo cross‑examination, a change the Trump administration had instituted.
McMahon said the Biden administration investigated school staff for using “incorrect pronouns” or failing to ask students for a preferred gender.
Enforcement Actions and Legal Challenges
In April 2025 President Trump canceled agreements with five public school districts and one college that had been monitoring compliance with Biden’s Title IX rules, ending the enforcement actions initiated after his investigation.
Trump has opened investigations into state agencies and school districts in California, Maine, Washington and Minnesota over policies that allow biological males who identify as transgender to compete in female sports.
At the collegiate level, the University of Pennsylvania and Wagner College agreed to create sex‑separated sports and facilities and to restore titles and honors to female athletes that had been awarded to males.
The NCAA now bars biological males from participating in female sports, and the International Olympic Committee follows the same policy, though high school rules remain set by state legislatures and athletic boards.
Complaints from Maine, California, Vermont and Washington are still pending at the federal level, the department said.
State education departments and interscholastic athletic groups in Minnesota and California have been referred to the Department of Justice for enforcement after refusing to enter resolution agreements following Title IX violation findings.
Opposition
The Human Rights Campaign condemned the change, calling the move “a monstrous injustice” because it bypassed public comment and will harm women, girls and LGBTQ+ students, President Kelley Robinson said in a September 28 statement.
