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Education Department Rescind Biden-Era Title IX Protections for LGBTQ Students
The Education Department has formally rescinded Biden-era Title IX protections for LGBTQ students, reinstating the 2020 Trump-administration rule. Education Secretary Linda McMahon framed the move as aligned with court rulings, while critics said it weakens protections for sexual assault victims and harms transgender students.
Quick Facts
- Education Department formally rescinded Biden-era Title IX rule
- Reinstated 2020 Trump-administration Title IX regulation
- Removed sexual orientation and gender identity protections
- Reverted to stricter sexual misconduct investigation standards
- Indicated future amendment to define sex as biological sex
The Education Department formally rescinded the Biden-era Title IX rule on Monday, reversing protections for LGBTQ students against sexual harassment and discrimination. Education Secretary Linda McMahon announced the reinstatement of the 2020 Trump-administration rule, which the department framed as a return to "commonsense language" and alignment with court orders that had struck down the Biden regulation.
The move follows federal court decisions that invalidated the Biden rule, which had expanded Title IX protections to cover sexual orientation and gender identity. The Trump administration also stated that the 2020 rule will focus on protecting women's sports by reverting to distinctions between male and female athletic competition. McMahon said the action "faithfully reflects court orders and Congressional intent — reducing confusion for parents, students, and educational institutions."
However, critics warned the change will harm vulnerable students. The National Women's Law Center's Shiwali Patel stated that "sexual harassment and assault continue to be pervasive in schools" and accused the administration of "weaponizing Title IX to attack trans students" rather than focusing on survivors' needs. The 2020 rule also restricted types of sexual harassment complaints schools must investigate and required live hearings, which advocates said weakened protections for sexual assault victims.
The Trump administration indicated that a future amendment may define "sex" as biological sex at birth, though that definition has not yet been formally included in the published regulation. The administration has separately pursued enforcement actions against schools and states perceived as permitting transgender athletes to compete on teams aligned with their gender identity, including investigations in multiple districts and threats to withhold federal funding.
Why This Matters
The Education Department's rescission of Biden-era Title IX protections affects civil rights enforcement in approximately 130,000 schools nationwide. The change removes explicit protections for sexual orientation and gender identity discrimination, reinstates stricter sexual misconduct investigation standards, and redefines sex-based protections. Schools must now adjust compliance policies, grievance procedures, and athletic eligibility standards; this creates immediate implementation costs for districts and alters legal exposure for institutions regarding sexual harassment claims and transgender athlete participation policies.
Timeline & Sources
Jan 1, 2020
WireTrump administration adopted original Title IX rule under Education Secretary Betsy DeVos
Jan 1, 2024
WireBiden administration implemented expanded Title IX rule with sexual orientation and gender identity protections
Sep 28, 2026
WireEducation Department formally rescinded Biden-era Title IX rule; Linda McMahon announced reinstatement of 2020 Trump rule
Sep 29, 2026
WireFinal regulation expected to officially publish