The U.S. Department of Education on September 28, 2026, formally rescinded the Biden administration’s Title IX regulations, reinstating the 2020 rules from the Trump era that limit protections for LGBTQ+ students and restrict transgender athletes from women’s sports, following years of legal challenges and court rulings.
Legal Backing and Court Challenges
The move followed a series of court decisions that invalidated the Biden-era rules, which had expanded Title IX to include gender identity and sexual orientation. Eight federal courts had enjoined the 2024 regulations, and two courts later vacated them, clearing the way for the Trump administration to restore the 2020 framework, which the Department of Education described as commonsense language aligned with court orders and congressional intent.
The Department’s decision today ensures that the Title IX regulations accurately align with court directives and legislative goals—minimizing ambiguity for families, students, and educational institutions, said Education Secretary Linda McMahon, according to Source 1. The reinstated rules, now in the Code of Federal Regulations, emphasize biological sex in athletic competition and intimate facilities, reversing the Biden administration’s broader interpretation of sex discrimination.
Key Quotes from Education Secretary McMahon
McMahon defended the decision, stating, We’re just acknowledging that boys and men are in boys and men’s sports and girls are in theirs,
as reported by Source 3. She emphasized that the 2020 rules restore the rights, privacy, or athletic opportunities of our women and girls, a framing that critics argue sidelines transgender students and survivors of sexual harassment.
Education Department Officially Scraps Biden Era Title Ix Rules
Impact on LGBTQ+ Protections
The reinstated rules eliminate explicit protections for LGBTQ+ students, rolling back the Biden administration’s 2024 expansion of Title IX to cover discrimination based on sexual orientation and gender identity. Critics called the move a monstrous injustice, arguing it harms transgender students and weakens safeguards against sexual harassment Source 6.
This action has diminished safeguards for all students, particularly transgender individuals, women, girls, and those facing sexual harassment or assault, according to Cathy Renna from the National LGBTQ Task Force, as per Source 4. The 2020 rules, under Betsy DeVos, had narrowed definitions of sexual harassment and required live hearings in some college cases, which advocates argue discourage survivors from reporting misconduct.
Enforcement Actions and State Responses
Education Department rescinds Biden Title IX rule, restores Trump-era
McMahon also addressed consequences for noncompliance, stating, There are many kinds of consequences that can come to states and schools that are not abiding by Title IX,
Source 3 noted.
Unanswered Questions and Ongoing Debates
While the Department claims the new rules reduce confusion, advocates warn of lingering legal and practical uncertainties. The Human Rights Campaign reported on the move, stating, We know who will be hurt: women, girls, and others who are vulnerable to sexual harassment, assault, and abuse—including LGBTQ+ students,
Source 6 reported.
The Department’s action reflects a broader effort to align Title IX with the Trump administration’s vision, but the long-term impact on schools, athletes, and students remains unclear. Source 7 highlights the ongoing tension between federal enforcement and state-level policies, leaving many questions unresolved.
Specific Details from Source Material
The rescission of the Biden-era Title IX rules was formalized on September 28, 2026, with the reinstatement of the 2020 regulations, which were first enacted during the Trump administration. The Department of Education emphasized that the 2020 rules had been in effect since January 2025, following a federal judge’s vacatur of the Biden regulations nationwide. The final rule was published in the Federal Register on September 29, 2026, without a notice-and-comment period, as stated in Source 5.
Trump strips Biden-era LGBTQ+ language from Title IX rules
The 2024 Biden Title IX rule, which had been struck down by multiple courts, explicitly included protections for students based on sexual orientation and gender identity. The reinstated 2020 rules, however, exclude these protections, reverting to a narrower interpretation of sex discrimination. The Department’s statement noted that the 2020 regulations guid[ed] parents, students, and educational institutions on the legal requirements of the 1972 Civil Rights law protecting women’s ‘safety, dignity, and opportunities’ in schools that receive federal funding,
as cited in Source 6.
Education Secretary Linda McMahon reiterated the Department’s position during an interview with OutKick, stating that the rescission reinforce[d] the administration’s position that girls’ and women’s sports should be reserved for females.
She added, We’re just acknowledging that boys and men are in boys and men’s sports and girls are in theirs,
according to Source 3. McMahon also emphasized that the 2020 rules restore the rights, privacy, or athletic opportunities of our women and girls,
a framing that critics argue undermines transgender students’ access to equitable opportunities.
Critics, including the Human Rights Campaign and the National LGBTQ Task Force, condemned the rescission as a rollback of critical protections. Cathy Renna of the National LGBTQ Task Force stated, This has weakened protections for all students, especially trans students, women and girls, and those who experience sexual harassment or sexual assault,
as cited in Source 4. The Human Rights Campaign called the move a monstrous injustice,
emphasizing its harmful impact on vulnerable communities.
Legal challenges to the Biden-era rules persisted until their formal rescission. Multiple federal courts had invalidated the 2024 regulations, with one judge vacating them nationwide in January 2025. The Department’s decision to reinstate the 2020 rules without a notice-and-comment period underscores its commitment to immediate implementation, as outlined in Source 5. The reinstated regulations now appear in the Code of Federal Regulations, effectively ending the Biden administration’s expanded interpretations of Title IX.