Confirming an anticipated policy shift, the U.S. Department of Education’s Office for Civil Rights (OCR) announced on Jan. 31, 2025 that it will enforce Title IX under the 2020 Title IX Rule. The announcement came after a federal court decision struck down the 2024 Title IX Rule earlier this month and an executive order from the Trump Administration that was issued on Jan. 20, 2025.
In a Dear Colleague Letter, Acting Assistant Secretary for Civil Rights Craig Trainor directed schools to abandon compliance efforts tied to the now-invalidated 2024 Rule and to realign Title IX policies with the 2020 framework. Schools with ongoing investigations initiated under the 2024 Rule must adjust immediately to conform with the reinstated standards.
The 2024 Title IX Rule Is No Longer in Effect
As we advised in a prior alert, school districts are now obligated to follow the 2020 Title IX Rule. Districts that adopted policies consistent with the 2024 Rule should work with legal counsel to amend their policies to be consistent with the 2020 Rule.
The Dear Colleague Letter follows a Jan. 9, 2025 decision by a federal judge in Kentucky that vacated the 2024 Title IX Rule in its entirety. The letter also references that the Jan. 20, 2025 Executive Order, Defending Woman from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, is in direct conflict with the 2024 Rule.
The Dear Colleague Letter confirms that OCR is now enforcing only the 2020 Title IX Rule and longstanding Title IX regulations outlined in 34 C.F.R. Part 106 et seq.
What Schools Should Do Now
Schools must align policies and procedures with the 2020 framework.
- Review and update Title IX policies: Ensure all definitions, reporting procedures, and investigations comply with the 2020 regulations, including the requirement to have a separate investigator and decisionmaker.
- Review ongoing investigations: Any pending matters initiated under the now-invalidated 2024 Rule must be reassessed and realigned with the 2020 Rule.
If schools continue to follow the 2024 Rule, they risk possible investigation by OCR, which may include a loss of federal funding. They also open the door for potential civil litigation.
All Pennsylvania school districts must continue to abide by the Pennsylvania Human Relations Act. This may create legal conflicts with the federal approach and state-federal legal tensions in Pennsylvania.
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