Restore a biological-sex interpretation of Title IX

Project 2025 recommends restoring the 2020 Title IX rule and a biological-sex interpretation. After a federal court vacated the 2024 rule nationwide, the Education Department announced enforcement based on the 2020 rule.

Project 2025 said

On its first day in office, the next Administration should signal its intent to enter the rulemaking process to restore the Trump Administration's Title IX regulation, with the additional insistence that "sex" is properly understood as a fixed biological fact. Official notice-and-comment should be posted immediately.

Chapter: 11 · Department of Education
Author: Lindsey M. Burke
Department: U.S. Department of Education
Printed page: 333–334
PDF page: 365–366
Last verified: August 16, 2026

Open Project 2025 — Chapter 11, printed page 333PDF viewer page 365

Verified against the canonical Heritage Foundation PDF: printed pages 333-334, PDF viewer pages 365-366.

Compared with

Government did

Match: Strong Alignment

Education Department enforcement of the 2020 Title IX rule

Following nationwide vacatur of the 2024 Title IX rule, the Education Department stated that it would enforce Title IX under the 2020 rule and the statutory text.

Action type: Agency Guidance
Identifier: Not assigned
Current status: Effective
In effect: Yes
Last verified: August 16, 2026

Why this match

The Department's present enforcement basis restores the 2020 regulatory framework and a biological-sex interpretation, closely tracking the recommendation.

How this can change

Reversibility: Moderate

Agency Rulemaking

A future administration could pursue new Title IX regulations through lawful rulemaking, subject to the statute and judicial review; Congress may amend the statute.

Authority: Congress · President · Agency · Courts · States

Show me the receipts

3 public source receipts

Our source standard Report a source or factual issue

Restore a biological-sex interpretation of Title IX

Education Department enforcement of the 2020 Title IX rule

How this can change

Agency Rulemaking

3 public source receipts

Project 2025 text

Government action

Current legal status