Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity
The order establishes a policy that all students are entitled to an educational environment free from sex discrimination — including discrimination based on sexual orientation or gender identity — and directs the Department of Education to review existing rules and guidance for consistency with that policy.
It specifically targets a 2020 Title IX rule and opens the door to suspending, revising, or rescinding agency actions deemed inconsistent, marking a significant shift in how the federal government interprets sex discrimination in federally funded schools.
What this order does
What it orders
The order directs the Secretary of Education, in consultation with the Attorney General, to review all existing regulations, guidance, and other agency actions that may be inconsistent with a policy of non-discrimination on the basis of sex — including sexual orientation and gender identity — in schools receiving federal financial assistance. It specifically requires review of a May 2020 Title IX rule (85 FR 30026) for consistency with governing law and the new policy. The Secretary must then issue updated guidance as needed and consider suspending, revising, or rescinding inconsistent rules through notice-and-comment rulemaking.
The order also directs the Secretary to consider enhanced enforcement actions to address sexual harassment and sexual violence, to account for intersecting forms of discrimination (race, disability, national origin), and to ensure fair procedures for all students. The order does not itself revoke the 2020 rule or change any existing regulation; all substantive changes depend on future agency action consistent with applicable law.
Who it affects
Students in federally funded schools and educational institutions — especially LGBTQ+ students — as well as school administrators and Title IX coordinators whose policies and procedures may need to be updated if the Department of Education issues new guidance or rules.
Why it matters
Schools receiving federal funding may face new or revised Title IX guidance and enforcement standards regarding LGBTQ+ students. Students who have experienced sex-based discrimination, sexual harassment, or sexual violence could see changes in the support, reporting procedures, and remedies available to them.
What must happen and when
How the order is supposed to work
The implementation arc runs in sequence: within 100 days the Secretary of Education delivers review findings to OMB, then issues updated guidance as soon as practicable, and initiates notice-and-comment rulemaking to revise or rescind any inconsistent rules. Enhanced enforcement is also directed but without a fixed deadline. All steps are explicitly conditioned on consistency with applicable law and available appropriations, meaning any concrete regulatory changes must go through the standard rulemaking process before taking effect.
Actions and deadlines
- Review all agency actions inconsistent with the non-discrimination policy and deliver findings to OMB
- Review the May 2020 Title IX rule for consistency with governing law and the new policy
- Review existing guidance and issue new guidance as needed on the 2020 Title IX rule
- Consider suspending, revising, or rescinding agency actions inconsistent with the stated policy
- Consider additional enforcement actions to address sex discrimination, sexual harassment, and LGBTQ+ student protections