If you have a child in a public school, college, or university, you have probably heard the phrase “Title IX” tossed around in the news for a few years running. The rules keep shifting, the headlines keep coming, and it can be hard for parents and students to figure out what actually applies right now — and what is on the horizon.

Here is a plain-language guide to where Title IX stands in the spring of 2026, what has recently changed, and what to expect in the months ahead.

A quick refresher

Title IX is a federal law that prohibits sex discrimination in any school that receives federal funding. That includes nearly every K-12 public school district and the vast majority of colleges and universities. Title IX covers a lot of ground: sexual harassment and assault, athletics, pregnancy and parenting, and discrimination based on sex more broadly.

Congress passed Title IX in 1972, but the day-to-day details — who investigates a complaint, what process students get, what counts as harassment — are spelled out in regulations issued by the U.S. Department of Education. Those regulations are what keeps changing.

Where things stand right now

After several years of regulatory whiplash, the rules currently in effect are the 2020 Title IX regulations, often called the “Trump-era” or “DeVos rules.” A federal district court vacated the Biden administration’s 2024 rewrite on January 9, 2025, and the 2020 framework snapped back into place nationwide. The Department of Education’s Office for Civil Rights has confirmed that for any alleged misconduct or investigation beginning after that date, the 2020 rules apply.

What does that mean in practice? Schools must respond when an employee learns of sexual harassment, must offer supportive measures (like schedule changes or counseling) regardless of whether a formal complaint is filed, and must use a defined grievance process that gives both the person reporting and the person accused certain procedural rights.

For K-12 families: The 2020 rules treat K-12 schools differently from colleges in some important ways. K-12 schools are not required to hold live hearings, and a school’s Title IX coordinator (or designee) can serve as the decision-maker. Younger children are not expected to navigate an adversarial hearing process.

For college students and parents: Postsecondary schools must offer a live hearing with the opportunity for advisors to cross-examine witnesses. If a student does not have an advisor, the school must provide one for the hearing.

Recent changes that have already taken effect

A few significant moves have happened in the last year that families should know about:

  • Executive Order 14201 (February 2025) directed the Department of Education to prioritize Title IX enforcement against schools that allow transgender girls and women to compete on girls’ and women’s athletic teams. Investigations and funding-related actions have followed.
  • Athletics tryout rule rescinded (May 2025). A regulation that had required federally funded sports programs to let students try out for teams of the opposite sex was rescinded through a direct final rule.
  • Resolution agreements rolled back (April 2026). The Office for Civil Rights recently nullified portions of existing Title IX resolution agreements that addressed gender identity protections, reversing commitments some schools had made under prior administrations.

Taken together, these moves make clear that the current administration is enforcing Title IX without the gender-identity protections that the 2024 rule briefly added — and is pursuing schools and states whose policies it views as out of step with that interpretation.

What is coming next

The bigger change still on the horizon is a brand-new Title IX rule. The administration has signaled that it intends to issue formal regulations rather than rely solely on guidance and enforcement priorities. Realistically, a new final rule is unlikely to land before late 2026 or early 2027, because federal rulemaking requires a published proposal, a public comment period (often 60 to 90 days), agency review of comments, and only then a final rule.

Things to watch for in the proposed rule when it appears:

  • A narrower definition of sex discrimination that does not include sexual orientation or gender identity, formalizing the position the administration has already taken in enforcement.
  • Streamlined procedures for cutting off federal funding to schools the Department concludes are not complying — something the administration has explicitly said it wants to make faster.
  • Athletics provisions addressing eligibility for sex-separated teams, possibly building on Executive Order 14201.
  • Clarified or reworked grievance procedures, particularly for postsecondary institutions, where the live-hearing and cross-examination requirements have generated the most controversy.

There is also activity in Congress. The Stop Sexual Harassment in K-12 Act (H.R. 1557) is one of several bills that would write certain Title IX protections into statute rather than leaving them to whichever administration is in power. Whether any of these pass is an open question, but they are worth tracking because legislation is much harder to undo than a regulation.

What this means for families

For now, the practical answers to common parent and student questions look like this:

If your child experiences harassment or assault at school, the school still has clear legal obligations — to respond, to offer supportive measures, and to follow a fair process. Those obligations have not gone away, even if the rulebook is different from what it was eighteen months ago.

If you are a college student going through a Title IX matter, expect a live hearing process with advisors and cross-examination. You have the right to an advisor, and the school must provide one for the hearing if you do not bring your own.

If your family includes a transgender student, the federal landscape has narrowed sharply. Many state laws and some local school policies still provide protections, and other federal laws (such as the Equal Protection Clause and, in some circuits, Title VII-influenced reasoning) continue to be litigated. This is an area where talking to a knowledgeable education lawyer in your state is especially important.

The bottom line

Title IX is in a period of real transition. The 2020 rules are governing day-to-day school conduct right now, but a new federal rule is being drafted, executive actions are reshaping enforcement priorities, and Congress may step in. For families, the most useful posture is informed and patient: know what the current rules require, watch for the proposed rule when it is published (the public comment period is your chance to weigh in), and reach out for guidance if a Title IX issue affects your student directly.

We will continue to post updates here as the proposed rule, agency guidance, and court decisions come in.

Title IX Defense Attorneys Denver Colorado
Categories: Education Law, Title IX

Author

Lindsay Brown

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