Education Department reinstates 2020 Title IX rules

The U.S. Department of Education formally rescinded the Biden administration's 2024 Title IX rule on Monday. This action reinstates the 2020 regulations that define sex based on an immutable biological classification as either male or female. The department's regulatory agenda states the change will clarify that Title IX implementation is based exclusively on this binary definition. The move reverts federal policy to rules finalized during the first Trump administration under Education Secretary Betsy DeVos.

The Biden-era regulations, which had extended protections to discrimination based on gender identity and sexual orientation, were vacated by a federal judge in 2025. Monday's announcement formally codified the shift in the Federal Register. The Education Department stated the reinstated 2020 rule will provide clear guidance for parents, students, and educational institutions on the legal requirements of Title IX, the federal law that bars sex-based discrimination in educational settings receiving federal funding.

Rules redefine sex and reset investigative requirements

The reinstated 2020 rules treat sex as a binary without explicitly defining it. They restore a process-focused framework for investigating Title IX complaints, particularly for harassment and assault. The regulations outline how K-12 and higher education institutions must respond to reports.

Consultant Kayleigh Baker, a member of the Association of Title IX Administrators’ advisory board, said the rules require schools to notify anyone accused of a policy violation of the allegations against them. They also set minimum wait times for hearings on violations, which can significantly lengthen resolution time, especially in K-12 schools. Baker noted these rules have been followed by schools for quite some time, as they were expected to revert since the early days of the current administration.

Advocates warn of reduced protections and reporting chilling effects

Survivor and LGBTQ advocacy groups have strongly criticized the reinstatement. They argue the 2020 rules made it harder for victims to prove their cases, gave more rights to the accused, and created barriers to reporting. Shiwali Patel, senior director of education justice for the National Women’s Law Center, said her organization has heard from survivors who found the Title IX investigation process traumatic and unfair.

Patel said reverting to the 2020 rules creates less safe campuses and removes obligations for institutions to respond to sexual harassment. It has led to fewer survivors wanting to report because they view the rule as not intended to protect them. Kei Williams, executive director of the NEW Pride Agenda, wrote that moving ahead with the rule would send a cruel message to transgender, nonbinary, and intersex students. Williams added that students are already afraid to report harassment or ask for help, and this would exacerbate those fears.

Supporters emphasize fairness and process integrity

Former Education Department officials and conservative advocates support the change. Sarah Parshall Perry, who helped work on the 2020 rules, said the process protects both men and women. She said the department heard from students accused of sexual misconduct, often men, who were not given enough opportunities to dispute allegations.

Sarah Parshall Perry said: "What it really does is make sure that these allegations are taken with the seriousness and gravity that they demand." She added that shifting to the 2020 rules sets the stage for the Education Department to change the definition of sex in Title IX. The Trump administration plans to amend the regulations further to align with executive orders on gender identity, potentially reshaping Title IX enforcement again.