Title IX Rules in 2026: Why the 2020 Regulations Are Still in Effect
By Muntasir Minhaz • Published Aug 04, 2026 • US Higher Ed News & Policy
The 2020 Title IX regulations govern campus sexual harassment complaints in 2026, not the 2024 rule, because a federal court vacated the 2024 version nationwide on January 9, 2025. If you file a complaint at a college today, expect the narrower 2020 process.
⏱️ A Kentucky federal court vacated the 2024 Title IX rule on January 9, 2025.
The 2020 regulations control nationwide again, at every school receiving federal funds.
Colleges must hold a live hearing with cross-examination by advisors, K-12 schools do not.
Sexual harassment is defined narrower: conduct severe, pervasive, and objectively offensive enough to deny equal access to education.
A new federal rule is expected, but no effective date exists yet.
Why the rules flipped back to 2020
The Biden administration issued a new Title IX rule that took effect August 1, 2024. It broadened schools' grievance procedures to cover all sex discrimination complaints, not only sexual harassment, and it defined sex discrimination to include sexual orientation and gender identity. A federal district court in Kentucky ruled on January 9, 2025 that the 2024 rule was invalid and vacated it nationwide, not only in the states that sued. Brown Education Law and the Education Department both confirm the 2020 rule has governed every covered school since that ruling.
The Education Department's own Title IX guidance page states plainly that, consistent with the court's order, the 2024 regulations and related resources are not effective in any jurisdiction.
What the 2020 rule means if you file a complaint at college
The 2020 regulations define actionable sexual harassment narrowly: unwelcome conduct so severe, pervasive, and objectively offensive that it denies you equal access to your school's education program. That is a higher bar than the 2024 rule's broader sex discrimination standard.
If you attend a college or university, the process includes a few fixed steps under the 2020 rule.
You file a formal complaint with your school's Title IX coordinator.
The school investigates and must hold a live hearing before reaching a decision.
Advisors for each side, not the parties themselves, conduct cross-examination during the hearing.
If you do not have an advisor, your school must provide one for the hearing.
Both the complainant and the respondent get the right to appeal the outcome.
K-12 schools follow a lighter version. A live hearing is not required, and the Title IX coordinator serves as the decision-maker instead of running a separate hearing process.
What else changed around Title IX in 2026
Beyond the core grievance process, the administration issued Executive Order 14201 in February 2025 directing enforcement priorities against schools that let transgender athletes compete on teams matching their gender identity. The Education Department rescinded earlier athletics tryout guidance in May 2025 and modified prior resolution agreements with schools in April 2026, rolling back gender identity protections those agreements had included.
A new formal Title IX rule is expected from the department, though no proposed rule has been published with an effective date. Until one is finalized, the 2020 regulations remain the operating rule for every school that takes federal funds.
What to do if you need to file a complaint now
Start with your school's Title IX coordinator, whose contact information your school publishes. Ask specifically which grievance process applies, since some schools kept expanded protections in their own policies even after the 2024 federal rule was vacated. File directly with the Education Department's Office for Civil Rights if your school does not respond appropriately.