In January 2024, a federal district court struck down the 2024 changes to Title IX. Days later, a Dear Colleague letter supported the court's decision.
Reverting to the 2020 version of Title IX alters whom the law protects. For students facing allegations of Title IX violations, knowing whom the law protects is crucial to their defense.
If you're facing Title IX allegations, contact the Education Law Team at the Lento Law Firm. Call us at 888-535-3686 or fill out an online form.
Title IX Protected Groups
When originally passed, Title IX's purpose was to eliminate gender-based discrimination in schools and other educational settings. While this can mean any sort of discrimination because someone is either a woman or a man, it mostly focuses on discrimination against women. The law's most famous section focuses on providing resources and funding to women's sports programs.
The law, however, is much broader than sports. It also covers admissions, financial aid, and faculty employment.
The 2024 changes drastically changed Title IX's scope and protected groups. By adding gender identity and LGBTQ+ to Title IX's protected classes, the law expanded to include a significantly larger part of society.
Those who opposed the 2024 expansion argued that the changes undermined protections for girls and women. Their argument focused on revisions essentially undermining the original purpose of the law, and with this shift back to the 2020 rules, Title IX is better positioned to help women and girls.
The January 2025 Dear Colleague letter undoes this expansion. Title IX now reverts to cover gender-based discrimination. It also follows an executive order that defines gender identity as being two sexes, male or female. The revisions no longer cover trans, non-binary, or any other gender identity beyond two biological sexes, male and female.
Who is Still Protected?
As of February 2025, Title IX reverts to its previous rules. This means that schools cannot discriminate on the basis of someone being male or female. Women do account for the majority of Title IX victims, but they must have been born a woman to qualify for protection.
Other laws may still protect LGBTQ+ individuals. The reversion to the 2020 rules means that Title IX no longer does.
Allegedly Doesn't Mean Absolutely
Too often, individuals accused of misconduct under Title IX are considered automatically guilty. Accusations of misconduct are treated as absolute facts, depriving the accused of their due process rights.
The reversion to the 2020 rules not only reduces the groups who are protected under Title IX, but they should help to ensure those who are accused aren't unjustly punished. While Title IX has its faults, by returning the law to its original intent, accused individuals should be better able to defend themselves against allegations.
The Dear Colleague letter highlights that the change to Title IX is immediate. Any in-progress investigations or cases cannot be based on any of the 2024 rules.
If you're facing a Title IX accusation, contact the Education Law Team at the Lento Law Firm. Call us at 888-535-3686 or fill out an online form.
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