KBS School Law
With the re-election of Donald Trump, concerns about the future of Title IX in the American educational system have arisen among students and educators nationwide. This concern originates from Trump’s plans to change Title IX in an effort to undo the changes made to it by former president Joe Biden. If Trump were to succeed in changing Title IX, many believe that several aspects of Title IX such as the additional rights and protections given to LGBTQ+ students and victims of sexual harassment and discrimination during Biden’s presidency would be taken away. Since these changes would apply to every college in America including SMSU, it is important that both students and educators on and off campus are made aware of Trump’s plans in order to prepare for when/if these changes are officially implemented.
For those not aware, Title IX is a federal civil rights law that prohibits gender-based discrimination in any education program or activity receiving federal funding. Since 1972, Title IX has significantly impacted the field of education by making sure everyone, regardless of their gender, gets a fair chance in all areas of education. Not only is Title IX responsible for ensuring gender equality in athletic programs, but it also deals with sexual harassment, violence, and discrimination in schools and universities. For many, Title IX is crucial in promoting a safe and fair educational environment for everyone by mandating schools to provide equal opportunities and protections to all students and educators, allowing them to speak out if they witness or experience discrimination or harassment.
Trump’s plans for Title IX involve the removal of several updates and additions made to it by the Biden administration. In August 2024, the Biden administration enacted updated Title IX regulations which expanded protections for LGBTQ+ students and removed the requirement for live hearings in sexual misconduct cases. Additional updates included more protections for gender identity and sexual orientation, the designation of school faculty as mandatory reporters, greater coverage for off-campus and international incidents, and better support for pregnant and parenting students. While these updates were praised by LGBTQ+ advocates, several conservative groups challenged their enforcement leading to injunctions in 26 states.
Once all changes made by the Biden administration are removed, Trump plans to reinstate the 2020 regulations for Title IX. The Trump administration’s 2020 Title IX regulations focused on due process and included mandating live hearings and cross-examinations, narrowing the definition of sexual harassment, and decreased protections for transgender students. Trump has also promised to redefine sex under Title IX in binary terms, excluding gender identity and sexual orientation. In addition, many expect Trump to either dismantle or downsize the Department of Education which could transfer Title IX enforcement to the Department of Justice and to abandon Biden’s delayed rule protecting transgender athletes.
While there is much uncertainty about the future of Title IX, it is important that everyone is prepared for a worst-case scenario when considering what is at stake. If Title IX does revert back to its 2020 regulations, colleges and universities could still implement policies exceeding Title IX’s minimum requirements through shared governance and advocacy. By setting higher standards beyond federal requirements, institutions can play a vital role in safeguarding equity and inclusiveness. Using the information presented in this article, both students and educators on and off campus should prepare for when/if these changes take effect to avoid any possible repercussions or conflicts legal or otherwise.