Department Of Education Rescinds Biden-Era Title IX Rules
The U.S. Department of Education officially removed 2024 rules that defined sex discrimination to include sexual orientation and gender identity. This action formally rescinds regulations put in place by the Biden administration, according to the New York Post. Under the final rule issued Monday, the department will now recognize sex strictly as male or female at birth, per Breitbart. Education Secretary Linda McMahon stated that this action removes the Biden Administration’s illegal revision of Title IX from the Code of Federal Regulations. This change returns the regulations to match those from Trump’s first presidential term.
The 2024 rules previously forced schools to use transgender students’ pronouns and changed how schools handle harassment complaints, noted Breitbart. A federal court struck down those rules in January 2025, clearing the way for this formal removal. The department noted that dismissing the final lawsuits concerning the Biden rules in August enabled them to complete the process. Even though schools have already functioned under prior regulations, Monday’s action incorporates that modification into the official federal regulations.
Title IX protections are for girls.
“On the basis of sex” is how it’s written. Not gender identity. Not sexual orientation.
There are no Title IX protections specific to LGBT students. Just for girls. https://t.co/celXFu9qpJ
— Jennifer Sey (@JenniferSey) September 28, 2026
Per the Daily Citizen, Education Secretary Linda McMahon clarified that the previous administration forced schools nationwide to unlawfully permit males in women’s sports and private facilities.. She observed that the Office for Civil Rights also examined school employees for employing wrong pronouns or neglecting to request students declare a preferred gender. Reinstating the rule brings back “the commonsense language promulgated in the first Trump Administration, which we have been enforcing since the first days of the Administration,” McMahon declared.
Jennifer Sey, a women’s sports advocate, confirmed that Title IX mentions neither sexual orientation nor gender identity but was created specifically to safeguard girls and women. Sey stated, “On the basis of sex” is how it’s written. Not gender identity. Not sexual orientation. No specific Title IX protections exist for LGBT students. Just for girls. The secretary emphasized that the move protects girls and women’s educational opportunities, including their participation in women’s-only sports and female restrooms.
As reported by the New York Post, nothing is anticipated to shift practically for teachers, parents, and students because the department has enforced its own regulations since President Trump assumed office last year.. “Thanks to today’s action, the published Title IX regulations faithfully reflects court orders and Congressional intent—reducing confusion for parents, students, and educational institutions,” McMahon stated. She further noted that the department remains committed to championing equal opportunity for all Americans and will hold any school or college accountable for violating the rights, privacy, or athletic opportunities of our women and girls.
Breitbart reports that the rule adheres to a 2025 executive order from Trump instructing federal agencies to acknowledge biological sex.. This step officially eliminates Biden-era regulations that granted protections based on gender identity and sexual orientation to employees and students at federally funded schools. The department has made it clear that the written regulations now match the court rulings and the rules they have been enforcing. The question for school leaders remains how quickly they will align their internal policies with this new federal standard.