On September 28, the Department of Education (ED) released for public inspection a final rule that formally repeals the Biden administration’s 2024 Title IX rule and restores to the Code of Federal Regulations (CFR) the regulatory text that existed before it, namely the first Trump administration’s 2020 Title IX rule. The rule is scheduled to be published in the Federal Register on September 29 and takes effect immediately upon publication.
As a reminder, in January 2025, a judge from the Eastern District of Kentucky struck down the Biden administration’s rule nationwide, and a judge from the Northern District of Texas separately vacated the rule in February 2025. Shortly after, the ED’s Office for Civil Rights (OCR) issued a “Dear Colleague” letter confirming it would enforce the 2020 rule. According to the ED, appeals of both court decisions were dismissed in May 2026, making the vacaturs final. Even so, the Code of Federal Regulations has continued to show the vacated 2024 regulations. The ED says the final rule is intended to fix that mismatch so that institutions, students and parents can determine which rules apply by reading the CFR.
The ED stresses that the rule does not reopen the policy debate between the 2020 and 2024 rules and imposes no new obligations. Part 106 is restored as it read on April 28, 2024, with four limited exceptions:
- The ED does not reinstate the sentence in 34 CFR 106.45(b)(6)(i) that barred decision-makers from relying on statements by parties or witnesses who do not submit to cross-examination at a live hearing. A federal court vacated that provision in 2021 in Victim Rights Law Center v. Cardona. The requirements for live hearings and advisor-conducted cross-examination at postsecondary institutions remain.
- The ED does not reinstate Appendix A to Part 106. That appendix cross-referenced vocational education guidelines that the ED rescinded earlier this year.
- The ED does not reinstate 34 CFR 106.41(d), the long-expired “adjustment period” for athletics compliance. The ED says it removed the provision so institutions would not think they have new time to comply.
- The ED does not reinstate 34 CFR 106.3(c)–(d), the one-time self-evaluation and recordkeeping requirements from the 1970s. The ED explains that restoring them could suggest institutions must repeat that review.
The ED issued the rule without notice and comment. It relied on the Administrative Procedure Act’s exemption for rules relating to grants, loans, benefits and contracts, and, in the alternative, on good cause. The ED also found good cause to skip the usual delayed effective date. The department projects no costs to institutions and describes the action as deregulatory.
For higher ed HR, the practical effect is limited because OCR has enforced the 2020 rule since early 2025. However, institutions that still reference the 2024 regulations in their policies, training materials or employee-facing notices should confirm those documents match the restored text. This includes the 2020 rule’s provisions on the standard of evidence for complaints against employees, administrative leave for employee respondents, and pregnancy-related employment protections. CUPA-HR will continue to monitor for new developments related to Title IX regulation and enforcement and will keep members apprised.