US formally removes LGBTQ+ inclusive school rule

The US Department of Education has formally removed a regulation that explicitly included sexual orientation and gender identity in protections against discrimination at school. The announcement on 28 September reinstates the wording of the 2020 Title IX regulations in the federal rulebook.

Title IX is the US law prohibiting sex discrimination in education programmes that receive federal funding. It applies to schools, colleges and universities, making its interpretation important to students facing harassment, exclusion or unequal treatment.

However, the 2024 regulation had already been struck down by a federal court in January 2025. The latest action formalises its removal rather than switching off an active nationwide protection overnight.

What did the LGBTQ+ protections cover?

The 2024 rule explicitly stated that sex discrimination included discrimination based on sexual orientation and gender identity. It also covered sex stereotypes, sex characteristics, pregnancy and related conditions.

That wording gave LGBTQ+ students a clear place within the department’s regulations. It addressed the meaning of discrimination in education, rather than being limited to a single issue such as sport.

The rule also dealt with schools’ responsibilities when responding to sex-based harassment. For students, those responsibilities concern how an institution handles a report and whether someone can continue accessing their education without prohibited discrimination.

Why the earlier court ruling matters

A federal district court vacated the 2024 rule on 9 January 2025, setting it aside nationwide. The Department of Education subsequently returned to enforcing the 2020 regulations.

The September announcement now brings the published regulatory wording into line with that position. It is therefore a further formal step in the removal of the 2024 framework, rather than the first time schools have been told it no longer applies.

Title IX itself remains law. Removing this particular regulation does not repeal the underlying ban on sex discrimination or establish that LGBTQ+ students have no legal protections.

What can students do if they face discrimination?

Schools covered by Title IX have a coordinator responsible for their compliance with the law. A student can ask that person about reporting sexual harassment, available support and the institution’s complaint procedure.

The 2020 framework still includes duties concerning sexual harassment and protections against retaliation. The precise route available in a particular case depends on what happened and the applicable law.

Students can also raise concerns with the Department of Education’s Office for Civil Rights, which handles federal education discrimination complaints. Complaints generally need to be submitted within 180 days of the alleged discrimination, although exceptions may be considered.

Keep copies of relevant messages, reports and responses from the school. These can help establish what happened, when it was reported and how the institution dealt with it.