On February 4, the Department of Education’s Office for Civil Rights (OCR) issued a “Dear Colleague” letter to institutions of higher education regarding enforcement of Title IX regulations. Specifically, the letter reaffirms that OCR will enforce the first Trump administration’s Title IX rule instead of the Biden administration’s Title IX rule.
As a reminder, in early January of this year, a judge from the Eastern District of Kentucky Court struck down the Biden administration’s rule nationwide, reverting enforcement back to the 2020 Title IX regulations for all institutions. In the Dear Colleague letter, OCR states that the Department of Justice is responsible for determining whether to appeal the district court’s decision, but they confirm that the decision was effective immediately and that the Biden administration’s rule is no longer in effect in any jurisdiction.
In addition to the court decision, the letter also points to Trump’s executive order, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” The letter restates from the executive order that all federal agencies are directed to “‘enforce all sex-protective laws to promote [the] reality’ that there are ‘two sexes, male and female,’ and that ‘[t]hese sexes are not changeable and are grounded in fundamental and incontrovertible reality.’” As such, the letter states that OCR must enforce Title IX consistent with the executive order.
Finally, the letter orders all open Title IX investigations initiated under the Biden administration’s Title IX rule to “be immediately reoriented to comport fully with the requirements of the 2020 Title IX rule.” It also directs institutions to a Title IX resource page on the Department of Education’s website, which includes resources that provide an overview of the changing Title IX landscape over the past couple of years.
CUPA-HR is hosting a webinar on Title IX and Title IV enforcement at OCR on February 25 at 1 p.m. ET. The webinar is free to attend but registration is limited. A recording of the webinar will be available after the live event. CUPA-HR will continue to monitor for new developments related to Title IX enforcement under the new Trump administration.
Amid reports that the White House is finalizing an executive order to get rid of the Education Department, President Donald Trump said Tuesday that when he nominated Linda McMahon as secretary, he instructed her to “put herself out of a job.”
“Linda, I hope you do a great job and put yourself out of a job,” the president said to a group of reporters in the Oval Office.
The comment was the first time Trump has publicly talked about his campaign promise to dissolve the department since taking office last month. Several media outlets reported Monday that the administration is preparing an executive order that would direct department officials to shut down some functions and develop a plan for the agency’s demise. The timing of such an order is still unclear.
When asked Tuesday whether abolishing the department was something he could legally do, the president said, “I’d like to be able to do that.” He later added that “there are some people that think I could.” Many experts say that only Congress can kill off the federal agency.
Trump said that the largest obstacle in the way of passing a bill to dissolve the department is teachers’ unions.
“The teachers’ unions are the only ones that are opposed to it,” he said. “No one else would want to hold [us] back.”
A recent Wall Street Journal poll found that 61 percent of registered voters oppose getting rid of the department. Numerous education lobbying groups, higher education experts and Democratic lawmakers have criticized the concept, saying that it would cause chaotic disruptions and make college hard to access for low-income students and those with disabilities.
“Investment in our children is an investment in our future. Dismantling the Department of Education would do the opposite by making it harder for children to achieve and for parents, caregivers, and communities to thrive,” Senator Edward Markey, a Democrat from Massachusetts, said in a news release. “President Trump wants to lock the promise of public education—of equal opportunity and hope for all—behind an ivory tower accessible only to his billionaire donors … It is callous and cynical.”
Dozens of Education Department employees were notified Friday that they’d been put on paid administrative leave following President Trump’s executive order to root out diversity, equity and inclusion initiatives in the federal government. At least some of them received the notices because of their participation in a voluntary session on diversity training, NBC News reported, noting they wereencouraged to do so by Trump’s first-term education secretary, Betsy DeVos.
Department staffers sent the memos they’d gotten to their American Federation of Government Employees local union, Politicoreported over the weekend. The union subsequently said that attendees of a two-day 2019 training for the department’s “Diversity Change Agent Program” had received the notices.
The “change agents” who participated in the program were supposed to lead DEI training and education in the agency while working to attract and retain talent. The union said DeVos’s goal was to have 400 employees participate, though it’s unclear how many did.
The suspended staffers were told that the “administrative leave is not being done for any disciplinary purpose.” NBC News reported that the affected employees included “a public affairs specialist, civil rights attorneys, program manager analysts, loan regulators and employees working to ensure schools accommodate special needs children with individualized education programs.”
The notices arrived one week after the Education Department rolled out a press release touting its “Action to Eliminate DEI.” That action included putting employees in charge of DEI programs on paid leave and canceling more than $2.6 million in training and service contracts. The department characterized it as “the first step in reorienting the agency toward prioritizing meaningful learning ahead of divisive ideology in our schools.”
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Dive Brief:
The U.S. Department of Education has told colleges and school districts they should follow the 2020 Title IX rule for investigating sex discrimination in schools, closing the chapter on a Biden administration rule that faced much legal turmoil.
In a Friday “Dear Colleague” letter, Craig Trainor, acting assistant secretary for civil rights, said that under the 2020 rule, the interpretation of “sex” means being born male or female.
The letter also clarified that any open Title IX investigations initiated under the 2024 Title IX Rule should be immediately reevaluated to comply with the requirements of the 2020 rule.
Dive Insight:
Trainor said the change is based on a federal judge’s decision in early January that struck down the 2024 rule as unconstitutional across the country. That Biden administration rule for the first time extended Title IX civil rights protections to LGBTQI+ students and employees at federally funded schools and colleges — including by prohibiting discrimination based on gender identity and sexual orientation.
Released in April 2024, the rule drew legal challenges, and courts blocked the regulations in at least 26 states.
Trainor also stated that the 2024 rule conflicts with a Jan. 20 executive order from President Donald Trump that requires all federal agencies and departments to recognize just two sexes — male and female — when it comes to “sex-protective” laws.
“As a constitutional matter, the President’s interpretation of the law governs because he alone controls and supervises subordinate officers who exercise discretionary executive power on his behalf,” Trainor’s letter said.
Supporters of the 2020 rule, developed under the first Trump administration, praised the letter.
Chad Wolf, executive vice president of the America First Policy Institute, said that under the 2020 rule, women and girls were “unjustly and illegally” denied access to sex-segregated athletic opportunities and intimate spaces. Linda McMahon, President Trump’s nominee for U.S. education secretary, is chair of the board at AFPI.
“Female athletes were seriously injured competing against males, and many were forced to undress in front of males,” Wolf said in a statement. “It was a misguided policy that did real harm, and this new guidance puts an end to it.”
But opponents to the 2020 rule voiced concern, saying it puts students at greater risk of harassment and discrimination.
“This is an incredibly disappointing decision that will leave many survivors of sexual violence, LGBTQ+ students, and pregnant and parenting students without the accommodations critical to their ability to learn and attend class safely,” said Emma Grasso Levine, senior manager of Title IX policy and programs at Know Your IX, in a statement. “Schools must step up to protect students in the absence of adequate federal guidance.”
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Dive Brief:
The U.S. Department of Education has told school districts and colleges they should follow the 2020 Title IX rule for investigating sex discrimination in schools, closing the chapter on a Biden administration rule that faced much legal turmoil.
In a Friday “Dear Colleague” letter, Craig Trainor, acting assistant secretary for civil rights, said that under the 2020 rule, the interpretation of “sex” means being born male or female.
The letter also clarified that any open Title IX investigations initiated under the 2024 Title IX Rule should be immediately reevaluated to comply with the requirements of the 2020 rule.
Dive Insight:
Trainor said the change is based on a federal judge’s decision in early January that struck down the 2024 rule as unconstitutional across the country. That Biden administration rule for the first time extended Title IX civil rights protections to LGBTQI+ students and employees at federally funded schools and colleges — including by prohibiting discrimination based on gender identity and sexual orientation.
Released in April 2024, the rule drew legal challenges, and courts blocked the regulations in at least 26 states.
Trainor also stated that the 2024 rule conflicts with a Jan. 20 executive order from President Donald Trump that requires all federal agencies and departments to recognize just two sexes — male and female — when it comes to “sex-protective” laws.
“As a constitutional matter, the President’s interpretation of the law governs because he alone controls and supervises subordinate officers who exercise discretionary executive power on his behalf,” Trainor’s letter said.
Supporters of the 2020 rule, developed under the first Trump administration, praised the letter.
Chad Wolf, executive vice president of the America First Policy Institute, said that under the 2020 rule, women and girls were “unjustly and illegally” denied access to sex-segregated athletic opportunities and intimate spaces. Linda McMahon, President Trump’s nominee for U.S. education secretary, is chair of the board at AFPI.
“Female athletes were seriously injured competing against males, and many were forced to undress in front of males,” Wolf said in a statement. “It was a misguided policy that did real harm, and this new guidance puts an end to it.”
But opponents to the 2020 rule voiced concern, saying it puts students at greater risk of harassment and discrimination.
“This is an incredibly disappointing decision that will leave many survivors of sexual violence, LGBTQ+ students, and pregnant and parenting students without the accommodations critical to their ability to learn and attend class safely,” said Emma Grasso Levine, senior manager of Title IX policy and programs at Know Your IX, in a statement. “Schools must step up to protect students in the absence of adequate federal guidance.”
In preparation for another High School Senior 2025-26 Free Application for Federal Student Aid (FAFSA®) Week of Action (Jan. 13-17), the U.S. Department of Education (Department) is encouraging high school counselors, principals, and other school leaders; superintendents; parent and community groups; and local and state education organizations to take action raising awareness about the FAFSA, especially focusing on helping students complete the FAFSA application.
In support of critical student and family outreach, the Federal Student Aid (FSA) office is publishing a set of FAFSA guides for non-English speakers in the 10 most spoken languages in the U.S. outside of English and Spanish, as well as making interpretive services available in these languages. Users may access the guides from the FAFSA Support in Other Languages page. Some guides (in Cantonese, Mandarin, Tagalog, Vietnamese, French, Korean, and Russian) are available now, and remaining guides (in German, Arabic, and French Creole) will be published in the coming months.
In addition, FSA shared updated resources, including:
The Department published a new report, The Impact: Fighting for Public Education, demonstrating what can be accomplished by investing wisely in public education. If leaders at every level of government continue to embrace what works for students, we won’t just continue to raise the bar in education—we will create prosperity and lead the world for generations to come.
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The U.S. Department of Education announced Thursday that it iseliminating its diversity, equity and inclusion initiatives, a move tied to President Donald Trump’s directives to purge DEI from the federal government.
The agency said it has “removed or archived” hundreds of outward-facing documents — including guidance, reports and training materials — that mention DEI. That includes links to resources encouraging educators to incorporate DEI in their classrooms, a department spokesperson said.
The department also put agency employees tasked withleading DEI initiatives on paid leave. A spokesperson declined to comment Friday on how many staff members were placed on leave, citing privacy concerns.
The move comes after Trump signed several executive orders on the first day of his presidency designed to dismantle the Biden administration’s DEI efforts. That includes an order directing all federal agencies to end their DEI programs and positions “under whatever name they appear.”
Additionally, the Education Department dissolved its Diversity & Inclusion Council. The agency has also canceled DEI training and service contracts for staff, totaling more than $2.6 million.
Department officials said they will continue reviewing the agency’s programs to identify other initiatives and groups “that may be advancing a divisive DEI agenda, including programs using coded or imprecise language to disguise their activity.”
This audio is auto-generated. Please let us know if you have feedback.
The U.S. Department of Education announced Thursday that it iseliminating its diversity, equity and inclusion initiatives, a move tied to President Donald Trump’s directives to purge DEI from the federal government.
The agency said it has “removed or archived” hundreds of outward-facing documents — including guidance, reports and training materials — that mention DEI. That includes links to resources encouraging educators to incorporate DEI in their classrooms, a department spokesperson said.
The department also put agency employees tasked withleading DEI initiatives on paid leave. A spokesperson declined to comment Friday on how many staff members were placed on leave, citing privacy concerns.
The move comes after Trump signed several executive orders on the first day of his presidency designed to dismantle the Biden administration’s DEI efforts. That includes an order directing all federal agencies to end their DEI programs and positions “under whatever name they appear.”
Additionally, the Education Department dissolved its Diversity & Inclusion Council. The agency has also canceled DEI training and service contracts for staff, totaling more than $2.6 million.
Department officials said they will continue reviewing the agency’s programs to identify other initiatives and groups “that may be advancing a divisive DEI agenda, including programs using coded or imprecise language to disguise their activity.”
Rachel
Oglesby most recently served as America First Policy Institute’s Chief
State Action Officer & Director, Center for the American Worker. In
this role, she worked to advance policies that promote worker freedom,
create opportunities outside of a four-year college degree, and provide
workers with the necessary skills to succeed in the modern economy, as
well as leading all of AFPI’s state policy development and advocacy
work. She previously worked as Chief of Policy and Deputy Chief of Staff
for Governor Kristi Noem in South Dakota, overseeing the implementation
of the Governor’s pro-freedom agenda across all policy areas and state
government agencies. Oglesby holds a master’s degree in public policy
from George Mason University and earned her bachelor’s degree in
philosophy from Wake Forest University.
Jonathan Pidluzny – Deputy Chief of Staff for Policy and Programs
Jonathan
Pidluzny most recently served as Director of the Higher Education
Reform Initiative at the America First Policy Institute. Prior to that,
he was Vice President of Academic Affairs at the American Council of
Trustees and Alumni, where his work focused on academic freedom and
general education. Jonathan began his career in higher education
teaching political science at Morehead State University, where he was an
associate professor, program coordinator, and faculty regent from
2017-2019. He received his Ph.D from Boston College and holds a
bachelor’s degree and master’s degree from the University of Alberta.
Chase Forrester – Deputy Chief of Staff for Operations
Virginia
“Chase” Forrester most recently served as the Chief Events Officer at America First Policy Institute, where she oversaw the planning and
execution of 80+ high-profile events annually for AFPI’s 22 policy
centers, featuring former Cabinet Officials and other distinguished
speakers. Chase previously served as Operations Manager on the
Trump-Pence 2020 presidential campaign, where she spearheaded all event
operations for the Vice President of the United States and the Second
Family. Chase worked for the National Republican Senatorial Committee
during the Senate run-off races in Georgia and as a fundraiser for
Members of Congress. Chase graduated from Clemson University with a
bachelor’s degree in political science and a double-minor in Spanish and
legal studies.
Steve Warzoha – White House Liaison
Steve
Warzoha joins the U.S. Department of Education after most recently
serving on the Trump-Vance Transition Team. A native of Greenwich, CT,
he is a former local legislator who served on the Education Committee
and as Vice Chairman of both the Budget Overview and Transportation
Committees. He is also an elected leader of the Greenwich Republican
Town Committee. Steve has run and served in senior positions on numerous
local, state, and federal campaigns. Steve comes from a family of
educators and public servants and is a proud product of Greenwich Public
Schools and an Eagle Scout.
Tom Wheeler – Principal Deputy General Counsel
Tom
Wheeler’s prior federal service includes as the Acting Assistant
Attorney General for Civil Rights at the U.S. Department of Justice, a
Senior Advisor to the White House Federal Commission on School Safety,
and as a Senior Advisor/Counsel to the Secretary of Education. He has
also been asked to serve on many Boards and Commissions, including as
Chair of the Hate Crimes Sub-Committee for the Federal Violent Crime
Reduction Task Force, a member of the Department of Justice’s Regulatory
Reform Task Force, and as an advisor to the White House Coronavirus
Task Force, where he worked with the CDC and HHS to develop guidelines
for the safe reopening of schools and guidelines for law enforcement and
jails/prisons. Prior to rejoining the U.S. Department of Education, Tom
was a partner at an AM-100 law firm, where he represented federal,
state, and local public entities including educational institutions and
law enforcement agencies in regulatory, administrative, trial, and
appellate matters in local, state and federal venues. He is a frequent
author and speaker in the areas of civil rights, free speech, and
Constitutional issues, improving law enforcement, and school safety.
Craig Trainor – Deputy Assistant Secretary for Policy, Office for Civil Rights
Craig
Trainor most recently served as Senior Special Counsel with the U.S.
House of Representatives Committee on the Judiciary under Chairman Jim
Jordan (R-OH), where Mr. Trainor investigated and conducted oversight of
the U.S. Department of Justice, including its Civil Rights Division,
the FBI, the Biden-Harris White House, and the Intelligence Community
for civil rights and liberties abuses. He also worked as primary counsel
on the House Judiciary’s Subcommittee on the Constitution and Limited
Government’s investigation into the suppression of free speech and
antisemitic harassment on college and university campuses, resulting in
the House passing the Antisemitism Awareness Act of 2023. Previously, he
served as Senior Litigation Counsel with the America First Policy
Institute under former Florida Attorney General Pam Bondi, Of Counsel
with the Fairness Center, and had his own civil rights and criminal
defense law practice in New York City for over a decade. Upon graduating
from the Catholic University of America, Columbus School of Law, he
clerked for Chief Judge Frederick J. Scullin, Jr., U.S. District Court
for the Northern District of New York. Mr. Trainor is admitted to
practice law in the state of New York, the U.S. District Court for the
Southern and Eastern Districts of New York, and the U.S. Supreme Court.
Madi Biedermann – Deputy Assistant Secretary, Office of Communications and Outreach
Madi
Biedermann is an experienced education policy and communications
professional with experience spanning both federal and state government
and policy advocacy organizations. She most recently worked as the Chief
Operating Officer at P2 Public Affairs. Prior to that, she served as an Assistant Secretary of Education for Governor Glenn Youngkin and worked
as a Special Assistant and Presidential Management Fellow at the Office
of Management and Budget in the first Trump Administration. Madi
received her bachelor’s degree and master of public administration from
the University of Southern California.
Candice Jackson – Deputy General Counsel
Candice
Jackson returns to the U.S. Department of Education to serve as Deputy
General Counsel. Candice served in the first Trump Administration as
Acting Assistant Secretary for Civil Rights, and Deputy General Counsel,
from 2017-2021. For the last few years, Candice has practiced law in
Washington State and California and consulted with groups and
individuals challenging the harmful effects of the concept of “gender
identity” in laws and policies in schools, employment, and public
accommodations. Candice is mom to girl-boy twins Madelyn and Zachary,
age 11.
Joshua Kleinfeld – Deputy General Counsel
Joshua
Kleinfeld is the Allison & Dorothy Rouse Professor of Law and
Director of the Boyden Gray Center for the Study of the Administrative
State at George Mason University’s Scalia School of Law. He writes and
teaches about constitutional law, criminal law, and statutory
interpretation, focusing in all fields on whether democratic ideals are
realized in governmental practice. As a scholar and public intellectual,
he has published work in the Harvard, Stanford, and University of
Chicago Law Reviews, among other venues. As a practicing lawyer, he has
clerked on the D.C. Circuit, Fourth Circuit, and Supreme Court of
Israel, represented major corporations accused of billion-dollar
wrongdoing, and, on a pro bono basis, represented children accused of
homicide. As an academic, he was a tenured full professor at
Northwestern Law School before lateraling to Scalia Law School. He holds
a J.D. in law from Yale Law School, a Ph.D. in philosophy from the
Goethe University of Frankfurt, and a B.A. in philosophy from Yale
College.
Hannah Ruth Earl – Director, Center for Faith-Based and Neighborhood Partnerships
Hannah
Ruth Earl is the former executive director of America’s Future, where
she cultivated communities of freedom-minded young professionals and
local leaders. She previously co-produced award-winning feature films as
director of talent and creative development at the Moving Picture
Institute. A native of Tennessee, she holds a master of arts in religion
from Yale Divinity School.
The Trump administration named 10 new Education Department appointees Thursday, four of whom have previously worked with the America First Policy Institute, a pro-Trump think tank formed in 2021 as the president ended his first term in office.
Education secretary nominee Linda McMahon was a co-founder of AFPI and served as the group’s president and CEO until she was selected to head the department.
Rachel Oglesby, a former AFPI chief state action officer, as chief of staff.
Jonathan Pidluzny, AFPI’s former director of higher education reform, as deputy chief of staff for policy and programs.
Virginia “Chase” Forrester, former AFPI chief events officer, as deputy chief of staff for operations.
Craig Trainor, a former congressional senior special counsel and AFPI senior litigation counsel, as deputy assistant secretary for policy in the Office for Civil Rights. (During his time at AFPI, Trainor worked under Pam Bondi, whom Trump has nominated as his attorney general.)
Steve Warzoha as White House liaison.
Tom Wheeler as principal deputy general counsel.
Madi Biedermann as deputy assistant secretary for the Office of Communications and Outreach.
Candice Jackson, who served in the first Trump administration, as deputy general counsel.
Joshua Kleinfeld as deputy general counsel.
Hannah Ruth Earl as director of the Center for Faith-Based and Neighborhood Partnerships.
