Education Secretary Linda McMahon formally rescinded the Biden administration's 2024 Title IX regulations Monday, restoring the regulatory framework adopted during President Donald Trump's first term after a federal court struck down the Biden-era rules.
The Education Department's action removes the Biden administration's 2024 regulations from the federal regulatory code and returns schools to the 2020 Title IX framework. The department has already been enforcing the 2020 rules after a federal court vacated the 2024 regulations in January 2025.
Title IX is a federal civil rights law enacted in 1972 that prohibits sex discrimination in education programs and activities receiving federal financial assistance.
The Biden administration's 2024 regulations expanded the definition of sex discrimination to include discrimination based on gender identity and sexual orientation. The rules also changed how schools were required to address sex-based harassment and sexual misconduct.
A federal district court in Kentucky vacated the 2024 regulations nationwide in January 2025, finding that the Education Department had exceeded its authority. The ruling meant the Biden-era regulations could no longer be enforced, leaving the 2020 Trump-era regulations as the operative federal rules.
McMahon said Monday's action formally clears the Biden administration's regulations from the federal regulatory code and ensures the published rules reflect the court's ruling and what the administration considers congressional intent.
The 2020 framework established specific procedures for schools and colleges handling allegations of sexual harassment and sexual misconduct. Among other requirements, the rules established a formal complaint process and included live hearings in certain higher-education cases, with opportunities for representatives of both parties to question witnesses and challenge evidence.
McMahon has also tied the administration's Title IX policy to its position on sex and women's sports. The Education Department has separately pursued investigations involving schools accused of allowing males to compete in women's sports or use women-only facilities.
The latest regulation itself does not formally add a definition stating that “sex” under Title IX means biological sex. The administration is separately considering additional regulations that could address that issue.
The rescission has drawn opposing reactions from advocacy groups. Critics argue that returning to the 2020 framework reduces protections for transgender students and changes how schools respond to sexual harassment and assault.
Conservative groups have supported the move, arguing that the Biden administration improperly expanded Title IX beyond its statutory language. The Education Department has similarly argued that Title IX's protections are based on sex rather than gender identity.
The formal rescission now places the 2020 Title IX regulations back at the center of federal enforcement as the Trump administration continues its broader effort to reverse Biden-era education policies.
Comments
No comments yet. Be the first to share your thoughts.