The 2024 Title IX rule's broader definition of sex-based harassment is now formally gone from federal regulations. The U.S. Department of Education on Monday rescinded the Biden-era rule and restored the 2020 text to the Code of Federal Regulations, making permanent in the CFR what has been true in enforcement since January 2025.
The two rules set different thresholds for hostile-environment harassment. The 2020 rule requires unwelcome conduct that a reasonable person would find "severe, pervasive, and objectively offensive" enough to deny equal educational access. The 2024 rule, which took effect Aug. 1, 2024, lowered that bar to conduct that is subjectively and objectively offensive and either "severe or pervasive." It also extended Title IX's sex-discrimination protections to sexual orientation, gender identity, sex characteristics, sex stereotypes and pregnancy. Its provisions on when schools must respond to complaints were also broader. The 2020 standard was first proposed under then-Secretary Betsy DeVos, and The EDU Ledger covered the proposal at the time.
For campuses, the practical effect is limited. The Department says it began enforcing the 2020 rule 11 days into President Trump's second term, and a federal district court vacated the 2024 rule nationwide on Jan. 9, 2025. The Department says eight courts had enjoined the rule and two vacated it, and that all remaining litigation was dismissed last month, clearing the way for the final rule. Its announcement did not mention new compliance deadlines.
Education Secretary Linda McMahon said the action aligns the published regulations with court orders and congressional intent and will reduce confusion for parents, students and institutions.
The Department also outlined its Title IX enforcement record since January 2025:
- It signed resolution agreements with the University of Pennsylvania and Wagner College.
- It opened investigations into entities including Western Carolina University and the California Community College Athletic Association.
- It formed a Title IX Special Investigations Team with the Department of Justice.
- It referred the Minnesota and California education departments, along with their state high school athletic associations, to the Justice Department for enforcement.
- It began proceedings to terminate Maine's federal K-12 funding.
- It placed five Northern Virginia school districts on reimbursement status, covering more than $50 million in Department funds, and designated them "high-risk" grantees.
Related coverage: Title IX Faces New Challenges on 53rd Anniversary examines the executive order on women's sports and the House settlement's implications. Where Does Title IX Truly Stand? looks at compliance gaps in college athletics.
