The Trump administration said Monday it has rescinded a Biden-era policy that extended the federal ban on sex discrimination in schools to also protect L.G.B.T.Q. people, a change that prompted warnings from advocates for sexual assault survivors.
In a statement, Education Secretary Linda McMahon said the change codifies how the Trump administration has enforced Title IX, the federal law barring sex discrimination in educational programs funded by the federal government.
“Thanks to today’s action, the published Title IX regulations faithfully reflect court orders and congressional intent — reducing confusion for parents, students, and educational institutions,” Ms. McMahon said. “We will continue to relentlessly champion equal opportunity for all Americans and hold accountable any school or college that violates the rights, privacy, or athletic opportunities of our women and girls.”
But advocates for sexual assault survivors said the rule goes further than rolling back protections for gay and transgender students. They said the move also reverses changes from the Biden administration that had widened the range of sexual harassment complaints that schools would be responsible for investigating.
For instance, the Biden administration’s rule replaced a narrower definition of sex-based harassment from the first Trump administration, and reversed a requirement that schools investigate only incidents reported on their campuses. The Biden rule required educators to investigate any allegation of sexual misconduct at school events or activities, whether or not the incident occurred on campus.
The Biden era rules, developed during a three-year process that drew 240,000 public comments, also lowered the burden of proof that the first Trump administration had encouraged, allowing schools to use a “preponderance of evidence” standard that let administrators determine whether it was likely that sexual misconduct had occurred.
“Sexual harassment and assault continue to be pervasive in schools and, to the fullest extent possible, we should be working to enforce the laws that protect student survivors of sexual violence,” said Shiwali Patel, senior director of education justice at the National Women’s Law Center. “Yet Education Secretary Linda McMahon and the Trump administration have decided to ignore what survivors need, instead weaponizing Title IX to attack trans students.”
Ms. McMahon and the Education Department have led the administration’s push to restrict civil rights protections based on gender identity. The new rule does not specifically define sex, which conservatives want the government to define narrowly as male and female, although it does reference court decisions that struck down Biden-era protections based on gender identity and sexual orientation.
Under the new rule, students and educators would not see a significant change from how the Trump administration has enforced Title IX. A federal judge in Kentucky had blocked the Biden interpretation changes weeks before President Trump started his second term, and his administration chose not to challenge that ruling.
In an interview with OutKick, the Fox News digital media outlet focused on sports and pop culture, Ms. McMahon said the changes would help make sure there are “boys in boys sports and girls in girls sports.”
The new rule does not address athletic eligibility. The department’s news release notes the change “effects no change of current substantive law.” An Education Department spokeswoman did not respond to a request for comment.
Nancy Potter, a civil rights lawyer who previously worked in the Education Department, said the change reflects the law that has governed schools since January 2025.
Yet advocates, including Ms. Patel, said the vacated rule makes it harder for a “robust” enforcement of Title IX issues.
“While the administration is unlawfully eroding protections for trans students under the guise of protecting women and girls, they are systematically weakening the very laws that keep students safe and schools accountable,” she said.
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