The Education Department has cleared the Biden Title IX rewrite from the Code of Federal Regulations.
On 28–29 September 2026 the Department published a final rule, Recodification of Title IX Rules. It is effective 29 September 2026. The rule repeals the 2024 Title IX final rule from the CFR and restores the regulatory text that existed before that rulemaking — the 2020 framework — leaving out a few obsolete provisions, as the Federal Register explains.
Courts vacated the 2024 rule in full: the Eastern District of Kentucky on 9 January 2025, and the Northern District of Texas on 19 February 2025. Appeals were dismissed in May 2026. The Department has enforced the pre-2024 text since 31 January 2025. This final rule puts that same text back in the CFR.
The 2024 rule redefined sex discrimination to include gender identity. The vacatur rested in part on that rewrite exceeding Title IX. Sex means male and female. Gender identity is not a second sex.
The Department says this clears the CFR. Schools were already under the 2020 rules. The Department announced the action on 28 September.
U.S. Department of Education press release (28 September 2026)
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