The U.S. Department of Education formally rescinded the Biden administration's 2024 Title IX regulations on September 28, 2026, officially reinstating the 2020 rules. The 2020 rule requires live hearings with cross-examination for sexual misconduct complaints at colleges and does not include explicit protections for students based on gender identity or sexual orientation. For most campuses, the practical impact is limited — the Biden rule was already blocked by courts and has not been in effect since January 2025.

If you saw headlines about Title IX changing this week, here is what actually happened — and why the practical impact on most students is smaller than it might look.

What the Department of Education Did

On September 28, 2026, the U.S. Department of Education formally rescinded the Biden administration's 2024 Title IX regulations and reinstated the 2020 rules in the Code of Federal Regulations.1

This was less a sudden reversal than a regulatory cleanup. A federal court had already vacated the Biden 2024 rule in January 2025 — just 11 days into President Trump's second term — meaning colleges have been operating under the 2020 framework for nearly two years.2 The formal rescission makes that status official in federal law.

What the 2020 Rules Say

Under the rules now officially governing college campuses:

Formal grievance process. If you file a formal complaint, the school must follow a defined grievance process that gives both the reporting student and the accused student specific procedural rights.

Live hearing with cross-examination. At colleges and universities, the school must offer a live hearing where advisors can cross-examine witnesses. If you do not have an advisor, the school is required to provide one for the hearing.3

Supportive measures without a formal complaint. Schools must offer supportive measures — schedule changes, counseling referrals, housing reassignments — when any employee learns of potential sexual harassment, even if the student does not want to file a formal complaint.

Narrower harassment definition. The 2020 rule defines actionable harassment as conduct that is "severe, pervasive, and objectively offensive" — a stricter bar than many advocates prefer.

What Changed for LGBTQ+ Students

The most significant policy difference is coverage of LGBTQ+ students. The 2024 Biden rule explicitly extended Title IX protections to discrimination based on gender identity and sexual orientation. The 2020 rules do not include those protections.

The National Women's Law Center said the formal rescission "significantly weakens protections against sexual harassment in education."1

For LGBTQ+ students: The 2020 rule does not explicitly protect against discrimination based on gender identity or sexual orientation under Title IX. Check your school's own non-discrimination policy — many colleges maintain broader protections regardless of the federal rule. If you believe you have experienced discrimination, contact your school's Title IX coordinator and ask what the institution's policies cover.

The Part Most Coverage Misses

Because courts blocked the 2024 rule before it took full effect, most colleges never updated their procedures to comply with it. If your school sent no major Title IX policy notice in the past year, its procedures likely have not changed at all this week.

This does not mean students should ignore the news. If you are enrolling at a new school this fall, the 2020 framework is what governs. If you are weighing how to report harassment, the live hearing process is the current standard — understanding it before you file is worth your time.

Talk to a confidential campus advocate before deciding whether to file a formal complaint. Most campuses have confidential support staff separate from the formal Title IX office. They can explain your options — including supportive measures — without starting a process you are not ready for.

What to Do Now

If you experienced harassment: Contact your school's Title IX coordinator or a confidential campus advocate. Under the 2020 rule, you can receive supportive measures — a class schedule change, counseling referral, or housing reassignment — without filing a formal complaint. You do not have to decide about the full process right away.

If you are concerned about LGBTQ+ protections: Look up your school's own non-discrimination policy, not just the federal rule. Our guide to best colleges for LGBTQ+ students covers institutions with the strongest stated inclusion commitments.

For trans students specifically: Our coverage of the Smith College Title IX dispute shows how institutions are working through these questions in real cases. Legal outcomes at specific schools vary.

If you are evaluating colleges now: Campus safety resources vary substantially across institutions beyond what any federal rule requires. Look at the specific policies, not just the minimum.

If you need support now: Regardless of whether you file a formal complaint, your school's mental health resources are available to you. You can also ask about navigating accommodations for anything affecting your academic work.

Title IX has changed form multiple times in the last five years. The rules in effect today are the 2020 rules — the same framework that has been governing most campuses since January 2025.

Frequently Asked Questions

Footnotes

  1. Inside Higher Ed. (2026, September 29). Trump administration formally rescinds Biden Title IX rule. https://www.insidehighered.com/news/quick-takes/2026/09/29/trump-administration-formally-rescinds-biden-title-ix-rule ↩ ↩2

  2. The Washington Post. (2026, September 28). Education department officially scraps Biden-era Title IX rules. https://www.washingtonpost.com/education/2026/09/28/education-department-officially-scraps-biden-era-title-ix-rules/ ↩

  3. U.S. Department of Education. (2026, September 28). U.S. Department of Education formally rescinds the Biden administration's illegal Title IX rewrite, reinstating the 2020 regulation. https://www.ed.gov/about/news/press-release/us-department-of-education-formally-rescinds-biden-administrations-illegal-title-ix-rewrite-reinstating-2020-regulation ↩