The U.S. Department of Education formally removed the 2024 Title IX rules on Monday. These old rules had defined sex discrimination to include sexual orientation and gender identity. The new policy recognizes sex strictly as male or female at birth. Education Secretary Linda McMahon announced this change in a press release. From the Code of Federal Regulations, the department has eliminated the Biden Administration's unlawful revision of Title IX.
This action aligns federal policy with court orders and current enforcement practices. The department stated that schools have already been operating under the older rules for some time. A federal court struck down the 2024 regulations back in January 2025. The department then told schools to enforce the 2020 rules immediately. August saw the dismissal of the final lawsuits concerning the Biden rules. This cleared the way for the formal removal of the old language. Per the New York Post, nothing is expected to change in daily practice for students or teachers.
Secretary McMahon explained that this move restores the commonsense language from the first Trump Administration. She noted they have been enforcing this standard since the very first days of the new term. The 2024 rules had forced schools to use specific pronouns for transgender students. They also changed how schools handle harassment complaints. The New York Post reported that the old rules expanded the definition of sexual harassment too. This expansion increased the volume of complaints schools must investigate.
Title IX protections are for girls.
“On the basis of sex” is how it’s written. Not gender identity. Not sexual orientation.
There are no Title IX protections specific to LGBT students. Just for girls. https://t.co/celXFu9qpJ
— Jennifer Sey (@JenniferSey) September 28, 2026
McMahon emphasized that the new regulations reflect the intent of Congress and the courts. The department promised to hold any school accountable that violates the rights of women and girls. They will continue to champion equal opportunity for all Americans. This includes protecting athletic opportunities and privacy for female students.
This decision returns Title IX regulations to match those from Trump's first presidential term. Enacted in 1972, Title IX stands as a landmark civil rights law. It banned sex-based discrimination in any education program receiving federal funds. The Daily Citizen noted that Jennifer Sey believes the law is clear. Sey said, "On the basis of sex" is how it's written. She noted that LGBT students lack specific Title IX protections. Just for girls. The Daily Citizen also reported that the Trump Administration has rescinded these agreements.
The move specifically protects girls and women's educational opportunities. This includes their participation in women-only sports. It also covers access to female restrooms, locker rooms, and showers. The department said they will relentlessly champion equal opportunity for all Americans. They aim to stop any school from violating the rights of women and girls. The 2024 rules had extended protections based on gender identity to employees too. Those protections are now formally removed from the federal code. The department will continue to enforce the biological definition of sex moving forward.
According to Breitbart, the rule adheres to a 2025 executive order issued by Trump. This order directed federal agencies to recognize sex as male or female. The department is now putting that change into the published federal regulations.
