Dear Colleague letter reverts Title IX enforcement to the 2020 rule (reissued Feb. 4)

Guidance/memoED

Date
Actor
ED Office for Civil Rights (Acting Assistant Secretary Craig Trainor)
Agency
Department of Education (ED)
Type
Guidance/memo
Section
DEPARTMENT OF EDUCATION

Summary

Following the January 9, 2025 nationwide vacatur of the Biden administration's 2024 Title IX rule in Tennessee v. Cardona (E.D. Ky.), OCR announced that effective immediately all Title IX investigations - including those opened under the 2024 rule - would proceed under the 2020 rule, which does not treat gender-identity discrimination as sex discrimination. The letter, styled a "Title IX Enforcement Directive" and reissued with minor changes on February 4, 2025, instructs that ED "must enforce Title IX consistent with" EO 14168's biology-based definitions of sex (see section 1). It is the legal foundation for every subsequent trans-related Title IX action in this section, adopted without notice-and-comment rulemaking.

Status

In effect; its lawfulness as an uncodified reinterpretation of Title IX is being challenged in APA suits by CSU, Jefferson County (CO), NYC, and others (see section 10).

As recorded in the data of . Check the sources for anything newer.

Related litigation

Documents

Sources

Cite this action

Letter from Craig Trainor, Acting Ass't Sec'y for Civil Rights, U.S. Dep't of Educ., to Colleagues (Feb. 4, 2025), https://www.ed.gov/media/document/title-ix-enforcement-directive-dcl-109477.pdf.

Short form: Letter from Craig Trainor, Acting Ass't Sec'y for Civil Rights, U.S. Dep't of Educ., to Colleagues (Feb. 4, 2025), https://www.ed.gov/media/document/title-ix-enforcement-directive-dcl-109477.pdf.