The Department of Education announced on September 28 that it has repealed federal regulations that protected students from discrimination on the basis of sexual orientation and gender identity under Title IX. This action represents the final step in formally removing these protections from the Code of Federal Regulations.
Dr. Pilar Margarita Hernández Escontrías, Research Director for Seattle University School of Law’s Center for Civil Rights and Critical Justice, expressed concern, stating that the recission of these protections is likely to place trans and queer community members at increased risk in educational settings.
These federal protections, originally put in place in 2024 under the Biden administration, had already faced significant challenges. By January 2025, a federal district judge in Kentucky had struck them down. President Trump’s Education department, upon his return to office, announced days into his second term that it would operate under the Title IX interpretation that was in place during his first term. The protections now formally rescinded had never been enforced by the Trump administration.
Dr. Escontrías characterized the current Department of Education’s interpretation of Title IX as endorsing a view of gender that is both outdated and transphobic, seeing gender as biologically determined. She suggested this move might be a precursor to the department seeking an amendment to Title IX. This potential amendment, she noted, could aim to recognize only two sexes, male and female, as unchangeable and grounded in fundamental reality, aligning with language from an executive order President Trump signed on the first day of his second term.
In addition to the repeal, the education department also announced that it would increase investigations into schools that permit transgender athletes to compete against cisgender athletes, particularly in girls’ and women’s sports. The Puyallup School District is currently undergoing such an investigation, reportedly for allowing a cisgender athlete to compete against a transgender athlete in a girls’ sports match. Dr. Escontrías anticipated that similar investigations would likely become more common across educational contexts, viewing this trend as the administration using legal means to reduce the safety of transgender individuals.
For students and families in Federal Way and across Washington, it is important to note that Washington state law includes explicit protections for public school students against discrimination on the basis of sexual orientation, gender expression, and gender identity. These state-level protections remain in effect regardless of changes to federal regulations.