In a significant reversal, the U.S. Department of Education is set to enforce the 2020 Title IX rule established under the Trump Administration which prioritizes biological sex as a determinant for protections in schools and on university campuses. The policy shift follows a ruling by the United States District Court for the Eastern District of Kentucky, striking down the Biden Administration's 2024 Title IX rewrite as "unlawful," effectively reinstating the former standard, according to the U.S. Department of Education.

A "Dear Colleague" letter issued to K-12 schools and higher education institutions across the country advised that, effective immediately, the Office for Civil Rights will be upholding the 2020 guidelines. This move, as confirmed by an official press release, comes after a group of Republican Attorneys General successfully mounted a legal challenge against the Biden Administration's reinterpretation of Title IX, which aimed to extend protections against sex-based discrimination to include gender identity.

Supporters of the 2020 Rule argue that this enforcement is essential to safeguarding the rights and safety of women and girls in educational settings. Advocates emphasize that it fortifies protections for single-sex facilities and programs, reinforcing legal precedents that prioritize biological sex. "The Biden Administration’s failed attempt to rewrite Title IX was an unlawful abuse of regulatory power and an egregious slight to women and girls," said Acting Assistant Secretary for Civil Rights Craig Trainor, as per the U.S. Department of Education.

Detractors, however, view this latest development as a step backward for civil rights, particularly for transgender and non-binary individuals who face discrimination in the realm of education. Enforcement of the 2020 Rule also curtails policies geared toward inclusivity and recognizes gender identity as integral to an individual's experience. Nonetheless, Trainor maintains that the department's commitment is unwavering: "Under the Trump Administration, the Education Department will champion equal opportunity for all Americans, including women and girls, by protecting their right to safe and separate facilities and activities in schools, colleges, and universities," according to the U.S. Department of Education.