Rule rolls back Biden-era safeguards after court system overturned them

The U.S. Education Department on Monday finalized a rule repealing Title IX protections for LGBTQ students, completing a Trump administration reversal of Biden-era safeguards for transgender students in federally funded schools.

Education Secretary Linda McMahon announced the final rule, which she described as a return to what she called “commonsense language.”

“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,” McMahon said.

Title IX is the federal law that prohibits discrimination on the basis of sex in education institutions. Under the Biden administration, the Education Department had adopted a final rule with explicit protections for transgender students, requiring educators to respect a student’s gender identity, including preferred pronouns.

The Trump-era final rule rolls back those Biden-era protections. Last year the court system overturned the Biden-era policy.

The final rule was expected to be published on Tuesday.

Opponents of the move said it will weaken protections and recourse options for victims of sexual assault in schools. Shiwali Patel, senior director of education justice at the National Women’s Law Center, criticized the administration’s action as a setback for survivors of school-based sexual violence.

“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,” Patel said. “Yet, Education Secretary Linda McMahon and the Trump administration have decided to ignore what survivors need, instead weaponizing Title IX to attack trans students.”