Washingtonblade iconWashingtonbladeSep 28, 2026 ~7 min source read

Education Department rescinds Biden-era Title IX rule, restores 2020 regulations

The Department of Education under Secretary Linda McMahon removed a 2024 interpretation that extended Title IX protections to sexual orientation and gender identity and reinstated the 2020 regulations issued during the Trump administration.

Education Department rolls back protections for LGBTQ students under Title IX

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The department formally rescinded the 2024 Title IX regulation that treated discrimination based on sexual orientation and gender identity as sex discrimination.

The 2020 rule, now back in force, narrowed the range of complaints schools had to investigate and required live hearings in disciplinary cases.

# What changed The U.S. Department of Education announced it has rescinded the Biden-era 2024 Title IX interpretation that explicitly covered discrimination based on sexual orientation and gender identity. In place of the 2024 rule, the department reinstated the 2020 regulations that were completed under Education Secretary Betsy DeVos.

# What the 2020 regulations do The 2020 rule tightens the scope of what schools must investigate and how they must conduct disciplinary proceedings. It limited the types of sexual harassment and assault complaints that institutions were required to pursue and imposed requirements such as live hearings so respondents could directly answer accusations.

# Department's rationale Education Secretary Linda McMahon framed the action as restoring clarity. According to the department's public statements, the change was intended to reflect court orders and congressional intent and to reduce confusion for parents, students, and educational institutions.

A department fact sheet called the Biden-era expansion "unlawful" and said reverting to the 2020 regulations would make the official Code of Federal Regulations match prevailing court decisions.

# Reactions and concerns Advocacy groups and LGBTQ organizations called the rollback a setback for student safety. They highlighted two primary concerns:

  • Transgender students could lose protections that were explicitly recognized under the Biden-era interpretation. Activists warned of increased vulnerability amid ongoing legislative, executive, and judicial actions aimed at restricting trans student rights.
  • Sexual assault survivors may face weaker enforcement, given the 2020 rule's narrower investigative obligations and live-hearing requirement.

Republican officials praised the decision. Representative Tim Walberg, chair of the House Education Committee, said returning to the 2020 regulations restored protections for women and girls and aligned policy with court precedents.

# Legal background

The department's recent action formalizes the regulatory position previously advanced during the Trump administration's first term and follows court rulings that had already blocked the 2024 rule in some jurisdictions.

# Practical implications for schools and students Schools that receive federal funding will need to apply the 2020 regulations in handling sex-based discrimination and sexual misconduct. That affects what incidents institutions must investigate and the procedures they must use in disciplinary proceedings.

For students, the change means fewer explicit federal protections for discrimination claims tied to sexual orientation and gender identity. It also means disciplinary processes may involve live hearings and potentially narrower definitions of actionable misconduct.

# What to watch next Expect legal challenges and further political debate. Advocates and advocacy organizations are likely to pursue litigation or administrative complaints seeking to restore broader protections. Congressional responses and state-level policies will also influence how Title IX protections are applied locally.

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