The U.S. Department of Education (Department) recently issued a “Dear Colleague Letter” stating that the Department’s Office for Civil Rights (OCR) will enforce the 2020 Title IX Regulations governing K-12 schools’ and institutions of higher education’s response to complaints of sexual harassment occurring in their education programs or activities. The Dear Colleague Letter, addressed to K-12 schools and institutions of higher education, was published following the January 9 decision from the United States District Court for the Eastern District of Kentucky that the 2024 Title IX Regulations were unconstitutional.
The Dear Colleague Letter also referenced President Trump’s January 20, 2025, Executive Order, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government (Order), which states that “[i]t is the policy of the United States to recognize two sexes, male and female.” The Order sets forth definitions of the terms sex, women/women/girls/girl, men/man/boys/boy, female, male, gender ideology, and gender identity and requires each Federal agency to “enforce laws governing sex-based rights, protections, opportunities, and accommodations to protect men and women as biologically distinct sexes” using these terms.
Additionally, the January 20 Executive Order requires all Federal agencies to remove and cease using all statements, policies, regulations, forms, communications, or other internal and external messages that promote gender ideology, and requires the Department to rescind all guidance documents that do not align with the requirements of the Order, including, but not limited to, the following:
- 2024 Title IX Regulations: Pointers for Implementation;
- U.S. Department of Education Toolkit: Creating Inclusive and Nondiscriminatory School Environments for LGBTQI+ Students;
- U.S. Department of Education Supporting LGBTQI+ Youth and Families in School; and
- Enforcement of Title IX of the Education Amendments of 1972 With Respect to Discrimination Based on Sexual Orientation and Gender Identity in Light of Bostock v. Clayton County.
