U.S. Dept. of Education rescinds Biden-era attempt to expand Title IX beyond “biological reality”

U.S. Dept.

Key points

• The waiver allows Mississippi to consolidate $14 million in federal funds through 2029.
• "While I appreciate his input, it carries no legal authority, " House Education Chairman Rob Roberson remarked Friday.
• Education Secretary Linda McMahon prepares for an interview at the Republican convention Wednesday, Sept.
• Federal judge sides with Mississippi, 14 other states in ruling against Biden-era attempt to broaden Title IX.
• Okolona, Yazoo City Municipal, and Humphreys County school districts are on a path toward improved educational and financial performance standards.

U.S. Dept. Of Education rescinds.

U.S. Dept. Of Education rescinds Biden-era attempt to expand Title IX beyond "biological reality". By: Frank Corder – September 28, 2026.

Education Secretary Linda McMahon prepares for an interview at the Republican convention Wednesday, Sept. 9, 2026, in Dallas. (AP Photo/Alex Brandon).

"We will continue to relentlessly champion equal opportunity for all Americans and hold accountable any school or college that violates the rights, privacy, or athletic opportunities of our women and girls, " remarked Secretary of Education Linda McMahon.

Notably, the U.S. Department of Education confirmed Monday that it has formally rescinded the Biden administration's rewrite of the Title IX final rule that broadened the law to prohibit discrimination based on "sex stereotypes, sexual orientation, gender identity, and sex characteristics."

Meanwhile, the original intent of the 1972 law was to offer women an equal playing field in educational attainment, particularly at public schools and institutions of higher learning that receive federal financial aid. Nevertheless, presidential administrations supportive of the LGBTQ movement have attempted to apply Title IX to expand protections for individuals who identify as lesbian, gay or transgender.

Meanwhile, the Biden-era regulations faced almost immediate legal challenges nationwide and were blocked by eight separate courts.

Among the lawsuits filed challenging the Biden Title IX change was filed in the U.S. District Court in the Southern District of Mississippi by a coalition of 15 states which included Mississippi, Tennessee, Alabama, Georgia, Indiana, Kansas, Kentucky, Louisiana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Virginia and West Virginia.

U.S. District Court Judge Louis Guirola ultimately ruled that the Biden Department of Health and Human Services exceeded its statutory authority when it interpreted Title IX to prohibit discrimination on the basis of gender identity and then implemented regulations concerning gender identity and "gender affirming care."

No court to consider the legality of the Biden regulations ever deemed them legal, the U.S. Department of Education remarked Monday.

With appeals in the challenges dismissed and the remaining litigation resolved in August, the U.S. Department of Education decided now was the time to take the final step of formally removing the vacated 2024 rule from the Code of Federal Regulations.

U.S. Secretary of Education Linda McMahon remarked the latest rulemaking clears the Biden administration's "illegal rewrite of Title IX from the Code of Federal Regulations and restores the commonsense language promulgated in the first Trump Administration, which we have been enforcing since the first days of the Administration."

"Thanks to today's action, the published Title IX regulations faithfully reflects court orders and Congressional intent-reducing confusion for parents, students, and educational institutions, " McMahon remarked. "We will continue to relentlessly champion equal opportunity for all Americans and hold accountable any school or college that violates the rights, privacy, or athletic opportunities of our women and girls."

According to The federal agency additionally, the Biden administration's Office for Civil Rights "pushed schools across the country to illegally allow males to intrude into women's sports and intimate facilities, and it investigated school staff for using incorrect pronouns or failing to ask students to declare a preferred gender." The Trump administration has since rescinded those agreements.

This once again aligns Title IX's sex-based protections with biological reality, not ideological fantasy, the department stated. Regarding the Author(s).

Frank Corder is a native of Pascagoula. For almost two decades, he has noted and offered analysis on administration, public policy, business and matters of faith. Frank's interviews, articles, and columns have been shared throughout Mississippi as well as in national publications. He is a frequent guest on radio and television, providing insight and commentary on the inner workings of the Magnolia State. Frank has served his community in both elected and appointed public office, hosted his own local radio and television programs, and managed private businesses all while being an engaged husband and father. Email Frank: [email protected].

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Taken together, the developments around U.S. Dept. Of Education rescinds Biden-era attempt to expand Title IX beyond point to a situation that is still moving, and the coming days should bring more clarity.