On January 31, the Department of Education published a Dear Colleague letter that focused on Title IX. The purpose of these letters is to inform the public of changes to policy.

The January 2025 letter discards the 2024 changes to Title IX, which had expanded to include gender identity as one of the law's protected groups. The reversion to the 2020 rules went into effect immediately.

If you or your child has been accused of violating Title IX, the Education Law Team at the Lento Law Firm can help. Call us at 888-535-3686 or fill out an online form.

What is Title IX?

The original purpose of Title IX was to prevent gender discrimination in schools, particularly discrimination against female students. Perhaps one of the best-known aspects for the general public is how it expanded women's sports programs, especially at the college level.

Title IX has expanded over the years. Lawyers most often see Title IX when there are accusations of sexual misconduct at high schools and colleges.

One of the challenges with Title IX is balancing protecting victims with fair treatment of the accused. Unfortunately, in recent years, the balance has shifted, making it more difficult for the accused to be protected. Too often, schools view accusations as fact.

2024 Revisions and Invalidation

In 2024, Title IX was expanded to include gender identity, among other revisions. The 2024 rules added over 1,500 new pages to Title IX.

The 2024 change added students who identify as LGBTQ+ under the Title IX umbrella. Before the Dear Colleague letter, a federal district court in Kentucky had vacated the law earlier in January. The court decision explained that the 2024 changes had turned Title IX on its head by expanding far beyond its original purpose.

Criticism of the 2024 changes focused on the increasing difficulty the accused had with defending themselves. While it is important to defend victims, that protection shouldn't trample on the rights of the accused.

Two Sexes

The January 2025 Dear Colleague letter emphasizes that gender identity is no longer protected under Title IX. This is part of a larger change within the federal government. As of January 2025, the U.S. federal government recognizes two sexes, male and female.

The district court decision also rejected the following as types of discrimination under Title IX:

• Sex stereotypes
• Sex characteristics
• Sexual orientation

The Dear Colleague letter highlights that these changes are immediate. The problem for those accused is that schools may not immediately shift to following the current law. The Dear Colleague letter explicitly states that any investigations based on the 2024 rules should be immediately revised to comply with the 2020 rules.

Accusations Aren't Facts

If you're facing Title IX allegations, your school can no longer pursue them if they're based on the 2024 rules. If you have questions about how the 2025 changes to Title IX will affect you, contact the Education Law Team at the Lento Law Firm. Call us at 888-535-3686 or fill out an online form.