K-12 Title IX Update: Back to the Future

On September 29, 2026, the U.S. Department of Education formally published a Final Rule codifying the Title IX regulations originally adopted in 2020.

As background, in 2024, the Department of Education (the Department) implemented certain changes to the Title IX regulations that affected certain definitions, procedures, and timelines under the rule. For example, the 2024 regulations allowed for a less formal hearing structure in Title IX cases, access to Informal Resolution before the grievance process was launched, and specified that Title IX’s prohibition against discrimination "on the basis of sex" included protection from discrimination and harassment based on sexual orientation and gender identity. However, in January of 2025, a federal court in Kentucky vacated the 2024 regulations, bringing the 2020 regulations back into effect. Since January of 2025, K-12 public schools have been operating under the 2020 regulatory framework.

The Department’s new Final Rule (the Rule) does not make any substantive change to the way K-12 schools have been operating under Title IX since January of 2025.

So, what happens now? For K-12 public school districts, the answer is: not much. There may be legal challenges to the Rule because it was effective immediately and was not subject to the customary notice-and-comment process. Nevertheless, the Department has indicated that it intends to enforce the Rule immediately and has stated that non-compliant districts risk the loss of federal funding. Additionally, the Department has hinted at other forthcoming regulations which may be implemented, such as explicitly defining “on the basis of sex” for purposes of Title IX.

For now, the regulatory "ping-pong" surrounding Title IX remains settled in favor of the 2020 Regulations, where it has been since January 2025. With confirmation that the 2020 framework remains in effect, this is the perfect time to refresh your district’s Title IX training. Starting next week, Bricker Graydon Wyatt will be launching an online, on-demand Title IX training platform. The platform is designed to provide greater flexibility while reducing the cost of training for Title IX coordinators, investigators, decision-makers, and other district personnel. Along with the on-demand training series, the firm is also launching an updated Bricker K-12 Title IX Toolkit that includes newly revised forms and six NEW forms. For more information about the training platform and Toolkit, please contact titleix@bricker.com or visit www.bricker.com/title-ix-toolkit.