Effective today, the new rule rescinds Biden-era protections for survivors of sexual harassment and assault as well as LGBTQ+, pregnant, and parenting students.

Washington, D.C. — Yesterday, the Department of Education formally revived the first Trump Administration’s 2020 Title IX policy, weakening protections for all students, in particular LGBTQ+ students, survivors of rape and sexual assault, and pregnant and parenting students. The new rule, which rescinds critical Biden-era protections, will forgo the 90-day public comment period customary for rule-making, going into effect today, September 29, 2026. 

“All students should have the opportunity to learn and grow in safe, supportive environments,” says Nikhil Vashee, Senior Director of Education Law and Policy. “That’s what Title IX is all about. Yet, instead of continuing to expand and strengthen these critical protections against abuse, harassment, and discrimination in the classroom, the Trump Administration appears set on systemically weakening them. At its core, this new rule lessens protections for all students, and its outright removal of explicit protections for sexual orientation and gender identity is a deliberate step backward that puts a target on LGBTQ+ students and families.” 

In April 2024, the Biden Administration updated the Title IX rules to expand and clarify protections for people discriminated against based on sexual orientation, gender identity, or sex characteristics. These regulations were already blocked nationwide by federal courts, but the Trump administration’s action formally removes them from the federal regulations and reinstates the 2020 Title IX framework — one of many actions the Trump Administration has taken to erase LGBTQ+ people and topics from the classroom.  

“To any LGBTQ+ youth or family hearing this news, know that this rule does not rescind Title IX entirely,” Vashee adds. “LGBTQ+ people still have protections under the law, and no matter how hard they try, the Trump Administration cannot and will not erase LGBTQ+ people from schools simply by erasing us from a federal regulation. LGBTQ+ students and families remain a critical part of every school community, and Family Equality will continue to work to defend your rights to safe, affirming learning environments free from fear or discrimination.”

Family Equality is the only national nonprofit dedicated to protecting and advancing the freedoms of all LGBTQ+ families through bold advocacy, powerful community building, and transformative education. 

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