On Monday, Education Secretary Linda McMahon announced that the U.S. Department of Education is overturning Biden-era Title IX regulations. This move restores the regulatory framework used during the first Trump administration, specifically regarding gender identity and sexual harassment definitions.

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The rollback of 2024 gender identity protections

The U.S. Department of Education has officially undone the Biden administration's 2024 expansion of Title IX. as reported by OutKick, these previous reforms had expanded sex-discrimination protections to include sexual orientation and gender identity. By rescinding these rules, Secretary Linda McMahon stated the department is restoring what she described as the "commonsense language" used during President Trump's first term.

The rescission follows a period of intense legal volatility regarding federal education policy.. The Biden-era reforms had already faced significant challenges from Republican-led states, and after appeals were dismissed in August, the administration moved to formally remove the vacated rules from the Code of Federal Regulations. This action aligns the published regulations with recent court orders and the original intent of the 1972 landmark civil rights law, which banned sex-based discrimination in federally funded education programs.

Stricter harassment definitions and the end of off-campus probes

The restoration of the Trump-era regulations introduces a narrower definition of sexual harassment and provides increased due process for those accused of misconduct. According to the report, the Biden-era rules had removed a key restriction by allowing schools to investigate alleged misconduct occurring at school-sanctioned events or activities outside of physical campus grounds.

Under the restored rules, the scope of school investigations is more strictly limited to on-campus incidents. Secretary McMahon emphasized that this change is intended to provide "clarification" for students, teachers, and parents. The move also reinforces the administration's stance on athletic eligibility, following President Donald Trump's February 5, 2025, executive order regarding men's participation in women's sports.

The University of Pennsylvania and the Lia Thomas settlement

The Trump administration is already leveraging its interpretation of Title IX through specific institutional agreements. A notable example is the July 1, 2025, agreement with the University of Pennsylvania. as reported by OutKick, this settlement required the university to revoke the NCAA swimming records of Lia Thomas and restore titles to the female athletes who had originally won.

Beyond individual universities, the Department of Education is targeting state-level policies through financial pressure. Secretary McMahon highlighted the administration's lawsuit against Maine regarding its transgender athlete policies. For states or schools deemed "high risk"—such as California or Minnesota—the department may implement the following consequences:

  • Reimbursement requirements: Schools may no longer receive federal funding in advance.
  • Receipt-based verification: Institutions must produce receipts to prove they are spending money in accordance with federal law.

    • Unanswered deadlines and the reaction from Human Rights Campaign

    Several critical details regarding the implementation of these rules remain unverified. While the administration has outlined its enforcement mechanisms, Secretary McMahon has not yet identified a specific compliance deadline for schools to transition back to the Trump-era rules. Furthermore, the exact criteria used to designate a school or state as "high risk" for reimbursement-based funding remains unclear.

    The abruptness of the decision has drawn sharp criticism from civil rights advocates. Kelley Robinson,president of the Human Rights Campaign, argued that the rollback will harm LGBTQ+ students and survivors of sexual assault. Robinson noted that the decision to implement these changes without a formal comment period denies families and educators a voice in how they will be treated under the new federal standard.