Education Department Finalizes Repeal of Biden Title IX Rule, Restoring 2020 Regulations

Key points

• The Department of Education officially rescinded the Biden administration’s 2024 Title IX rule, restoring the 2020 regulatory text.
• Education Secretary Linda McMahon stated the action clarifies rules for students, teachers, and parents, ensuring compliance with the 2020 regulations.
• The new rule limits Title IX protections to sex defined as male or female, reversing expanded protections for sexual orientation and gender identity.
• Courts had already invalidated the Biden rule, and the department had been enforcing the 2020 regulations since January 2025.
• The administration continues to pursue enforcement through funding restrictions, legal referrals, and investigations into states like Maine and California.

Background

The Biden administration’s 2024 Title IX rule expanded protections against sex discrimination to include sexual orientation and gender identity. This rule was challenged by Republican-led states and struck down by federal courts. The Trump administration had been enforcing the 2020 regulations since January 2025, following a 2025 executive order directing federal agencies to recognize only two sexes. The department also launched a Title IX Special Investigations Team in April 2025 and filed lawsuits against states like Maine over trans athlete policies. In June 2026, the Supreme Court upheld laws in Idaho and West Virginia restricting girls’ and women’s sports to females.

How outlets are covering it

OutKick emphasized McMahon’s statement that the action clarifies rules for schools and families and protects women’s sports, noting the department’s use of funding restrictions and legal referrals to enforce compliance. Politico focused on the finalization of the repeal, highlighting that the rule clears the Biden administration’s 'illegal rewrite' and restores 'commonsense language' from the 2020 rule. Bloomberg Law News stressed the reversal of protections for LGBTQ students and employees, noting that the new rule aligns with a 2025 executive order directing agencies to recognize only two sexes. All sources agree on the formal rescission of the Biden rule and the restoration of the 2020 regulations, but they differ in emphasis: OutKick and Politico highlight the clarification and enforcement aspects, while Bloomberg Law News focuses on the impact on LGBTQ protections.

Why it matters

The formal rescission of the Biden Title IX rule solidifies the Trump administration’s stance on sex-based eligibility in sports and anti-discrimination policies. It provides legal clarity for schools and families, ensuring compliance with the 2020 regulations. The move also signals continued enforcement through funding restrictions and legal actions, potentially impacting states like Maine, California, and Minnesota. The decision reinforces the administration’s interpretation of Title IX as protecting women’s sports and reversing expanded protections for sexual orientation and gender identity.

What to watch

The final rule is expected to officially publish on September 29, 2026. Schools and institutions will need to ensure compliance with the 2020 regulations. The department may continue to pursue funding restrictions and legal referrals against states and schools that do not abide by the new rules. The administration may also consider individual cases for female athletes who have lost records or titles, as seen in the University of Pennsylvania agreement. Further legal challenges and appeals from states like California may follow.