On September 28, 2026, the U.S. Department of Education finalized a rule that removes the 2024 Title IX regulations and officially brings back the 2020 version, which governs how schools handle complaints of sex discrimination, including sexual harassment, under federal law. Here is what K-12 and higher education leaders need to know.
Link to What the Rule Does What the Rule Does
From a practical standpoint, not much has changed since the 2024 Title IX regulations were declared invalid by a federal district court in Kentucky on January 9, 2025, a move that immediately reinstated the 2020 Title IX regulations. Accordingly, the Department has been operating under the 2020 Title IX regulations since early 2025, even before making this change official. However, the new rule formally restores the 2020 Title IX framework, which requires schools to follow a specific grievance process when responding to complaints of sexual harassment.
This grievance process includes, among other things, providing parties with the opportunity to review evidence and pose questions to other parties and witnesses; allowing parties to have an advisor of their choice, who may be, but is not required to be, an attorney; requiring separate investigators, decision-makers, and appeal decision-makers, each of whom must serve without bias or a conflict of interest; allowing institutions to choose to apply a higher standard of proof; and imposing any discipline only if, and after, the grievance process has been fully implemented and completed.
Complaints of sex discrimination that do not involve sexual harassment may still be investigated using grievance procedures that are less complex and look more like those used to investigate other forms of discrimination in a school setting.
Link to What the Rule Does Not Do What the Rule Does Not Do
This rule does not define “sex” under Title IX. However, the Department is currently interpreting “sex” as solely biological sex and declining to extend Title IX’s protections to cover gender identity or sexual orientation. A separate rulemaking effort is expected to formally define “sex” under Title IX.
Link to Key Takeaways for K-12 Schools and Institutions of Higher Education Key Takeaways for K-12 Schools and Institutions of Higher Education
K-12 and higher education leaders should consider the following steps:
- Check your complaint and investigation procedures to make sure they align with the 2020 Title IX regulations.
- Talk to your legal counsel about whether your policies, procedures, staff training, or reporting processes need updating.
- Stay alert for updates on the definition of “sex” under Title IX, which could have practical implications for schools.