Title IX 2024 Rule Rescinded, 2020 Regulation Reinstated

The U.S. Department of Education formally rescinded the 2024 Title IX regulations, declaring them null and reinstating the 2020 rule. Secretary of Education Linda McMahon announced the move on Sept. 28, a day before the final rule's scheduled publication, stating it clears the Biden Administration's 'illegal rewrite of Title IX' and restores 'commonsense language' from the first Trump Administration.

The action finalizes a year-and-a-half of non-enforcement. Eight federal courts had already preliminarily blocked the 2024 rule, finding serious legal problems. The department stated that opening the rescission for public comment would be 'contrary to public interest' because it would delay an update reflecting those court decisions. The change takes effect upon publication in the Federal Register.

Legal Foundations and Reversal

Federal courts had vacated the 2024 rule nationwide. The department acknowledged that retaining the invalid rule in the Code of Federal Regulations created unnecessary uncertainty for schools, students, parents, and courts. The repeal removes that ambiguity, making the official regulations match the rule actually in force. Since President Donald Trump returned to office, federal Title IX policy has reversed course, restoring the framework from his first term.

The 2024 rule had expanded protections to cover sexual orientation and gender identity. It also eliminated key procedural protections from the 2020 rule. The Foundation for Individual Rights and Expression (FIRE) had warned the 2024 changes would unconstitutionally undermine free speech and due process. A federal district court in Tennessee v. Cardona agreed, concluding the expanded harassment definition violated the First Amendment.

Procedural Protections Restored

The reinstated 2020 regulations provide specific procedural safeguards for campus disciplinary cases. These protections largely survived multiple legal challenges. Only a single sentence governing statements by parties who did not submit to cross-examination was invalidated by one court.

The 2020 rule's harassment standard limits actionable conduct to that which is so severe and pervasive it denies a victim equal access to education. The leading association of Title IX administrators, ATIXA, acknowledged during litigation that the 2020 regulations were fair, workable, and understood by practitioners.

Enforcement Shifts and Reactions

The Office for Civil Rights has shifted its enforcement focus under the reinstated rule. It has initiated investigations into LGBTQ+-inclusive school district practices and moved to cut funding from states with policies allowing transgender athletes on girls' and women's teams. Earlier this month, OCR announced one of its first resolution agreements under this administration, requiring Virginia Beach City Public Schools to respond to all sexual harassment reports and develop a federally approved Title IX records system.

Reactions to the rescission split sharply. The Human Rights Campaign criticized the move as "Orwellian." The National Women’s Law Center said enforcing the 2020 rule significantly weakens protections for sexual harassment and assault survivors. Conversely, Representative Tim Walberg, Republican chairman of the House Education and Workforce Committee, lauded the change as consistent with the law and for restoring longstanding protections for women and girls.

The rescission removes the last source of ambiguity by making the Code of Federal Regulations match the rule that is actually in force.