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The Trump administration on Monday formally rescinded Biden-era Title IX regulations that extended federal protections against sex discrimination to LGBTQ students, while also reversing broader changes governing how schools respond to allegations of sexual harassment and assault.
Education Secretary Linda McMahon said the new rule brings the regulations in line with court rulings and the administration’s interpretation of Title IX, the federal law that bars sex discrimination in federally funded education programs.
“Thanks to today’s action, the published Title IX regulations faithfully reflect court orders and congressional intent,” McMahon said, arguing that the change would reduce confusion for students, parents and schools.
The administration’s rule does not specifically define sex as limited to male and female. But it removes Biden-era language interpreting Title IX’s protections to include gender identity and sexual orientation, following court decisions that blocked those provisions.
Broader rollback of sexual harassment rules
Sexual assault survivor advocates say the changes go beyond LGBTQ protections.
The Biden administration had expanded the circumstances under which schools were required to investigate sexual harassment and misconduct allegations. Among other changes, its 2024 rule required schools to address misconduct connected to school activities even when the incident occurred off campus.
The Biden rule also replaced a narrower definition of sexual harassment adopted during Trump’s first administration and allowed schools to use a “preponderance of the evidence” standard when determining whether misconduct occurred.
Advocates say reversing those provisions could make it harder for students to report misconduct and for schools to hold perpetrators accountable.
“Sexual harassment and assault continue to be pervasive in schools,” said Shiwali Patel of the National Women’s Law Center, which opposed the administration’s action.
The Biden regulations followed a three-year rulemaking process that drew roughly 240,000 public comments.
Administration says rule largely codifies current policy
The practical effect of Monday’s action may be limited in some areas because courts had already blocked major portions of the Biden-era regulations before Trump returned to office.
A federal judge in Kentucky blocked the administration’s interpretation of Title IX in January 2025, and the Trump administration declined to appeal.
The Education Department said the new rule therefore largely codifies how the administration has already been enforcing Title IX.
The department also emphasized that the regulation does not change current athletic eligibility rules, despite McMahon’s comments about separating boys’ and girls’ sports.
In an interview with OutKick, McMahon said the administration wanted to ensure there are “boys in boys sports and girls in girls sports.”
The department’s announcement, however, said the rule “effects no change of current substantive law” regarding athletics.
Critics say protections for students are being weakened
Civil rights and survivor advocates argue the administration is using Title IX to roll back protections for transgender students while simultaneously narrowing the federal government’s approach to sexual harassment.
Patel said the administration was “systematically weakening” the law’s ability to protect students and hold schools accountable.
Nancy Potter, a civil rights attorney and former Education Department official, said the rule largely reflects the legal framework that has governed Title IX since early 2025.
The administration maintains that its approach restores the law’s original meaning and follows binding court decisions.
The new rule is expected to remain at the center of the broader legal and political fight over how federal civil rights protections apply to transgender students and how schools must respond to sexual misconduct.
