Education Department Reaffirms Title IX Enforcement Based on Traditional Definition of Sex

The department says it will interpret ’sex' to mean male or female sexes as outlined in the 2020 regulations.

The U.S. Department of Education in Washington on June 10, 2024. Madalina Vasiliu/The Epoch Times

The U.S. Department of Education is reminding schools and colleges across the country that complaints of sex-based discrimination must be handled according to the traditional definition of sex—recognizing only male and female sexes.

In a “Dear Colleague” letter published Friday, the Education Department clarified that it will be enforcing the Trump administration’s 2020 Title IX regulations, which interprets “sex” to mean the “objective, immutable characteristic of being born male or female.”

The clarification comes after the Biden administration’s 2024 revisions to Title IX, the federal law prohibiting sex-based discrimination at federally funded schools, failed to survive court challenges. On Jan. 9, a Kentucky federal judge ruled that the attempt to expand the definition of “sex” to include sexual orientation and gender identity exceeded executive authority, effectively reverting Title IX policy to the Trump-era standard.

The move also follows President Donald Trump’s Jan. 20 executive order, which establishes a federal policy recognizing the “fundamental and incontrovertible reality” that there are only two sexes and that they are not changeable.

The order mandates that official government documents—such as passports and visas—must provide only male and female as options. It also directs the U.S. attorney general to ensure that federal civil rights laws such as Title IX are not interpreted to cover sexual orientation or gender identity, as the Biden administration had done.

To ensure compliance with both the court ruling and the president’s order, the Education Department advised schools and colleges to align their Title IX efforts with the 2020 regulations if they have not already.

“Accordingly, open Title IX investigations initiated under the 2024 Title IX Rule should be immediately reoriented to comport fully with the requirements of the 2020 Title IX Rule,” Friday’s letter states.

As it awaits the Senate confirmation of incoming Education Secretary Linda McMahon, the department has already opened a Title IX investigation under the rules set four years ago.

On Tuesday, the Department’s Office for Civil Rights (OCR) announced it is investigating Denver Public Schools, Colorado’s largest school district, after a high school converted a girls’ restroom into an all-gender restroom.

According to the OCR’s notice of investigation, East High School left no female-only restroom on its second floor, while male students still had access to a male-exclusive restroom on the same level.

“The alarming report that the Denver Public Schools District denied female students a restroom comparable with their male counterparts appears to directly violate the civil rights of the District’s female students,” acting Assistant Secretary for Civil Rights Craig Trainor said in a statement.

“Let me be clear: It is a new day in America, and under President Trump, OCR will not tolerate discrimination of any kind.”

East High posted an announcement about its new all-gender restroom on its website in early January, noting that there are 12-foot tall partitions to “ensure comfort and security.”

“These restrooms serve those who may feel uncomfortable in gender-specific facilities and align with our values of supporting every student,” the school said.