Key Takeaways
- The U.S. Department of Education formally recodified the 2020 Title IX Final Rule, formally repealing the 2024 Title IX Rule that was preliminarily enjoined by multiple courts.
- The recodification includes four minor revisions, omitting provisions that were either judicially vacated or rendered obsolete.
- This action reflects no new policy decisions and results in no practical change for institutions receiving federal funding.
- The rule is effective upon publication in the Federal Register on Sept. 29, 2026.
On Sept. 25, 2026, the U.S. Department of Education (the Department) issued a final rule recodifying the regulatory text of the 2020 Title IX Final Rule (85 Fed. Reg. 30026), including September 2020 amendments to the religious exemption provisions at 34 C.F.R. § 106.12(c)–(d), as it existed on April 28, 2024. The recodified Title IX rule formally repeals the 2024 Title IX Rule (89 Fed. Reg. 33474, April 29, 2024) and includes four minor revisions.
This action reflects no new policy decisions and results in no practical change for recipients of federal funding. The 2024 rule had been preliminarily enjoined by eight courts covering 26 states, vacated in full in Tennessee v. Cardona (E.D. Ky. Jan. 9, 2025) and Carroll ISD v. Department of Education (N.D. Tex. Feb. 19, 2025), with appeals dismissed in May 2026 and remaining litigation resolved in August 2026. On Jan. 31, 2025, the Department announced that it would enforce the 2020 Title IX Final Rule, and on Feb. 4, 2025, formalized this position in a Dear Colleague Letter. Today’s rule simply recodifies, in the Code of Federal Regulations, the rules in effect since Jan. 31, 2025.
Four Minor Revisions
The Department did not reinstate four discrete provisions of the pre-2024 regulatory text, each of which was either judicially vacated or rendered obsolete:
1. Deletion of cross-examination exclusion rule (34 C.F.R. § 106.45(b)(6)(i) (2021))
The sentence prohibiting reliance on statements of a party or witness who does not submit to cross-examination at a live hearing — along with its proviso against drawing inferences from absence or refusal — was vacated in Victim Rights Law Center v. Cardona (D. Mass. 2021). The entire sentence is omitted from the recodified Title IX rule.
2. Deletion of Appendix A to Part 106 (2021)
Appendix A was a cross-reference to Appendix B to 34 C.F.R. Part 100, which a July 23, 2026, final rule (91 Fed. Reg. 46285–94) rescinded as to disparate impact analysis. Appendix B to 34 C.F.R. Part 100 addressed the elimination of discrimination in vocational education programs. Because the referenced Appendix B no longer exists, reinstatement of Appendix A would serve no purpose, therefore Appendix A is omitted from the recodified Title IX rule.
3. Deletion of athletics adjustment period (34 C.F.R. § 106.41(d) (2021))
34 C.F.R. § 106.41(d) (2021) afforded institutions a one- or three-year adjustment period for compliance with the athletics requirements of Section 106.41. That adjustment period expired over four decades ago, and the Department does not intend for the recodification of the 2020 Title IX Final Rule to create a fresh one- or three-year compliance window. 34 C.F.R. § 106.41(d) (2021) is omitted from the recodified Title IX rule.
4. Deletion of self-evaluation and recordkeeping requirements (34 C.F.R. §§ 106.3(c)–(d) (2021))
34 C.F.R. §§ 106.3(c)–(d) (2021) required institutions to complete a self-evaluation within one year of the original effective date of the 2020 Title IX Final Rule and to maintain records for three years thereafter. Both deadlines are long expired, and the Department does not intend for the recodification of the 2020 Title IX Final Rule to create new obligations for self-evaluation and record maintenance.34 C.F.R. §§ 106.3(c)–(d) (2021) are omitted from the recodified Title IX rule.
The recordkeeping requirements in the 2020 Title IX Rule, 34 C.F.R. § 106.10(b)(10), remain intact. Institutions must continue to maintain records related to sexual harassment, as defined by the 2020 Title IX Final Rule, for a period of seven years.
Looking Ahead: Future Title IX Rulemaking
The Department signaled its intent to pursue future Title IX rulemaking that may define “sex” as biological sex. No such rulemaking has been initiated to date, and any proposal is likely to face legal challenges. McGuireWoods continues to monitor these developments and provide updates as they arise.
For Further Reference
The recodified Title IX rule is scheduled for publication in the Federal Register on Sept. 29, 2026, and will be effective upon publication. The Department has published a Fact Sheet to address additional questions. For questions about Title IX, the regulatory text of the 2020 Title IX Final Rule or the repeal of the 2024 Title IX Rule, contact the authors or a member of the firm’s Higher Education Enforcement & Regulatory Counseling Practice Group.