The Education Department Formally Erases Biden's Title IX Rule and Reinstates the 2020 Trump Regulation — Linda McMahon Says It "Restores the Commonsense Language," Tim Walberg Says It "Restores Longstanding Protections for Women and Girls," and Pramila Jayapal Says "Every Day, This Administration Continues to Target LGBTQIA+ Kids"
On Monday, Sept. 28, 2026, the Education Department announced a final rule formally rescinding the Biden administration's 2024 Title IX regulations, which had defined sex discrimination to include discrimination based on sexual orientation and gender identity, and restoring the 2020 regulations written during President Trump's first term. The rule took effect on publication in the Federal Register on Sept. 29 without a public comment period. Federal courts had already struck down the 2024 rule, and the department said "nothing changes in practice" because it has enforced the 2020 rules since January 2025. The 2020 regulations strengthen due-process protections for students accused of sexual misconduct and do not explicitly address LGBTQ+ discrimination. Education Secretary Linda McMahon and House Education Committee Chairman Tim Walberg (R-Mich.) welcomed the move. Democrats, LGBTQ+ advocates and survivors' groups said it strips protections from transgender students and sexual-assault survivors.
“Thanks to today's action, the published Title IX regulations faithfully reflect court orders and congressional intent — reducing confusion for parents, students, and educational institutions. … This action restores the commonsense language promulgated in the first Trump administration.”