Title IX Turns Back the Clock: 2020 Rules Return as 2024 Regulations Are Repealed

On September 29, the U.S. Department of Education published a final rule repealing the 2024 Title IX regulations and effectively reinstating the 2020 Title IX regulations, subject to four “minor” exceptions. The 2026 rule became effective upon publication without prior public notice and comment, based on exemptions invoked under the Administrative Procedure Act. Although the 2024 regulations expanded certain Title IX protections against discrimination based on sexual orientation and gender identity, eight federal courts had previously blocked their enforcement in multiple jurisdictions nationwide, while two courts subsequently vacated the 2024 rule in its entirety in early 2025.

The recodified regulations restore the 2020 regulatory framework but do not return four provisions to the Code of Federal Regulations (CFR). Those omissions concern (1) prohibited reliance on statements from parties or witnesses not subject to cross-examination in live hearings; (2) Appendix A to 34 CFR Part 106, which cross-referenced a nonexistent appendix; (3) the former adjustment period for compliance concerning athletic program requirements; and (4) the requirement that recipient educational institutions conduct a “self-evaluation” of certain policies and procedures, maintain self-evaluation records, and comply with mandatory reporting. The department explained that these provisions were obsolete, illegal, and impractical, and that it previously vacated them in support of its formal removal of the foregoing provisions from the CFR.

Higher education institutions receiving federal financial assistance may still choose to reevaluate their Title IX policies, grievance procedures, hearing practices, and decision-maker training to ensure they align with the restored regulatory framework and relevant court decisions, including Victim Rights Law Center v. Cardona (holding that the 2024 final rule’s provision prohibiting the consideration and use of statements not subject to cross-examination was “arbitrary” and “capricious” and further finding that the Department failed to consider the consequences posed by the provision) and Tennessee v. Cardona (finding that the Department’s implementation of the 2024 final rule posed the risks of First Amendment violations, exceeded the Department’s statutory authority, and that the “Department’s interpretation conflicted with the plain language of Title IX”). Universities and educational institutions remaining in active compliance with the department’s guidance directive provided in February 2025 clarifying that the 2020 Title IX Rule remained enforceable should not be burdened by voluntary reevaluation. See February 2025 Title IX Enforcement Directive DCL. However, other postsecondary institutions should determine whether any of their practices or policies adopted in response to the 2024 regulations require revision or removal. Additional information is available in the Department of Education’s press release, Fact Sheet: Restoring Title IX Protections for Women and Girls and Recodification of Title IX Rules.

If you have any questions or need support navigating this update, please contact Steptoe & Johnson’s Higher Education team for tailored advice.