The U.S. Department of Education published a final rule this week formally removing the vacated Biden-era 2024 Title IX regulations from the Code of Federal Regulations and restoring, with limited exceptions, the 2020 regulatory text that was promulgated under the Trump administration.

The department announced the action on September 28, 2026, and the rule became effective upon publication. According to the department, the action is intended to eliminate confusion and align the published regulations with the framework the department has been enforcing since January 2025.

For many school districts, this announcement does not create a new compliance obligation. Federal courts vacated the 2024 Title IX Regulations nationwide in January 2025, and shortly thereafter the department's Office for Civil Rights announced that it would enforce the 2020 Title IX Regulations. As a result, districts that revised their policies and procedures following the January 2025 vacatur may already be operating under the applicable framework.

The department characterizes the new rule as a formal restoration of the governing regulatory text rather than a substantive policy change. The practical effect is to make the published regulations consistent with the enforcement position that has existed for more than a year and a half.

Key Differences Between the 2020 and 2024 Regulations

The now-rescinded 2024 regulations expanded Title IX's coverage in several significant respects. Among other changes, the now-overturned 2024 regulations:

• Expanded the definition of sex-based harassment.
   
• Expressly prohibited discrimination based on gender identity and sexual orientation.
   
• Broadened the scope of conduct and circumstances potentially subject to Title IX review.
   
• Modified institutional grievance and investigation procedures.

The reinstated 2020 regulations largely return schools to the framework that governed Title IX compliance from 2020 through 2024. The restored regulations contain several limited differences from the original 2020 text. Most notably, the Department of Education did not restore the provision barring reliance on statements from a party or witness who did not submit to cross-examination, a provision previously vacated in litigation. The other omissions concern outdated or obsolete provisions.

The department has also reiterated its position that Title IX should be interpreted and enforced based on biological sex.

What Schools Should Expect Going Forward

Schools that already reverted to the 2020 framework are unlikely to need major policy revisions solely because of this announcement. Nevertheless, districts should use this development as an opportunity to confirm that all current materials accurately reflect the governing regulations. Below is a practical to-do list for K-12 school districts.

Immediate Review

• Confirm that the district's Title IX policy references the 2020 Title IX Regulations, not the rescinded 2024 Regulations.
   
• Review administrative regulations, complaint forms, notice templates, web content, and handbooks for outdated references to the 2024 rules.
   
• Verify that Title IX reporting pathways and grievance procedures are consistent with the 2020 framework.

Training

• Confirm that the current Title IX Coordinator, investigator, and decision-maker training materials are based on the 2020 regulations.
   
• Remove any training modules or materials developed exclusively around the 2024 regulations.
   
• Consider refresher training for investigators and decision-makers if personnel changes have occurred since the district reverted to the 2020 standards.

Active and Pending Cases

• Review pending Title IX cases to ensure the correct regulatory framework is being applied. Districts should evaluate, among other factors, the following:
   
  • When the alleged conduct occurred.
  • When the complaint or grievance process began.
  • What policy was in effect.
  • Whether the district changed procedures during the 2024–2025 period.
  • Whether applying a revised procedure would affect party expectations or procedural fairness.
  • Whether state law, constitutional due-process principles, collective-bargaining provisions, or board policy impose separate requirements.
     
• Confirm that notices, supportive measures, investigation procedures, and decision-making requirements align with the governing regulations.
   
• Consult counsel regarding any case that began during periods of regulatory uncertainty or involved overlapping state-law or constitutional issues.

Board and Administrative Communication

• Districts should consider briefing superintendents, HR leaders, student services administrators, and Title IX personnel regarding the formal rescission.
   
• Consider a short board update emphasizing that the announcement generally formalizes a compliance framework already in effect since 2025.

Ongoing Monitoring

• Continue monitoring federal regulatory activity. Although the department has now restored the 2020 regulations, the administration has signaled an interest in additional Title IX rulemaking and enforcement activity concerning sex-separated facilities, athletics, and related issues.

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