BREAKING: Court Strikes Down Biden's Title IX Rewrite: Education Department Restores 2020 Rule Protecting Women’s Rights and Free Speech

This will have a big impact on schools nationwide

WASHINGTON — The U.S. Department of Education announced today that it will enforce the Trump administration’s 2020 Title IX Rule, which governs how schools and colleges address sex-based discrimination and harassment. The decision follows a federal court ruling that blocked the Biden administration’s 2024 rewrite of Title IX regulations.

In a “Dear Colleague” letter, the department’s Office for Civil Rights informed K-12 schools and higher education institutions that the previous rule would be reinstated nationwide. The United States District Court for the Eastern District of Kentucky recently ruled that the 2024 Title IX changes were unlawful and could not be enforced in educational settings.

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The return to the 2020 rule reaffirms Title IX protections based on biological sex and strengthens due process for students involved in Title IX proceedings, according to the department. Officials also noted that the change helps protect free speech on campuses.

Resources pertaining to the 2020 Title IX Rule, now applicable again, are available here.

“The Biden administration’s failed attempt to rewrite Title IX was an unlawful abuse of regulatory power and an egregious slight to women and girls,” said Craig Trainor, acting assistant secretary for civil rights. “Under the Trump administration, the Education Department will champion equal opportunity for all Americans, including women and girls, by protecting their right to safe and separate facilities and activities in schools, colleges, and universities.”

The Biden administration's proposed revisions had sought to expand Title IX protections to include gender identity, among other changes. Critics argued that the revisions would undermine privacy and fairness for women and girls in school athletics and facilities. Republican attorneys general led the legal challenge that resulted in the court's decision.

Read the complete letter here

The Education Department's announcement signals that schools must adhere to the 2020 guidelines, which prioritize due process for students accused of misconduct and maintain protections based on biological sex. Schools and colleges will need to adjust policies and procedures to comply with the reinstated rule.