Major Update: U.S. Department of Education to Enforce 2020 Title IX Rule – What It Means for You!

Key Takeaways

• The Office for Civil Rights (OCR) will follow the 2020 Title IX Rule to enforce protections, not the 2024 version.
• The 2020 Rule offers important protections for individuals involved in complaints and requires schools to provide necessary support.
• The 2024 rendition, which expanded definitions related to gender, has been struck down by federal courts.

The recent direction from OCR aligns with Executive Order 14168. The 2020 Title IX Rule, introduced in May 2020 during the Trump administration, clearly defines “sexual harassment,” sets out protections for complainants and respondents, and mandates supportive measures for those filing complaints. In contrast, the 2024 Title IX Final Rule, issued in April 2024 under the Biden administration, broadened the definition of “sex” to encompass gender identity and other categories. This change included requirements for schools to allow students to access activities and facilities according to their self-identified gender.

Several federal court rulings invalidated the 2024 Rule, stating it conflicted with the original intent of Title IX. The latest ruling, from the U.S. District Court for the Eastern District of Kentucky, highlighted concerns that the 2024 Rule allowed individuals to self-identify their gender in a way that contradicts the biological definitions of male and female. Courts have consistently ruled against the 2024 Rule, with the OCR now interpreting “sex” to refer strictly to biological characteristics at birth.

Executive Order 14168, signed on January 20, 2025, further reinforces this stance. It asserts that the U.S. recognizes only two immutable sexes: male and female. The order directs all federal agencies to ensure laws that protect these definitions are enforced and demands clear language that acknowledges biological differences. It also prohibits the use of federal funds to promote gender ideologies that diverge from this binary understanding.

This executive order rescinds previous guidance documents from the Biden administration that addressed gender identity and sexual orientation. Additionally, it calls upon the Attorney General to offer guidance aimed at correcting perceived misapplications of Supreme Court rulings on discrimination.

Furthermore, the order safeguards spaces designated for women and men based on biological sex, and restricts federal funding for medical interventions that aim to alter one’s appearance to fit a different gender identity.

Next Steps for Institutions