Education Department Finalizes Repeal of 2024 Title IX Rule, Restores Prior Regulations
Final rule recodifies pre-2024 Title IX text in 34 CFR Part 106 after the 2024 amendments were judicially vacated
BLUF: The Education Department finalized a rule repealing its 2024 Title IX regulations and restoring pre-2024 text to 34 CFR Part 106.
The U.S. Department of Education published a final rule on September 29, 2026, repealing the Department's 2024 final rule that had amended Title IX regulations, and recodifying the regulatory text that existed before that 2024 rulemaking. The Department states the action is necessary because the 2024 final rule has been vacated in court and is not enforceable nationwide. The rule took effect immediately upon publication.
Why it matters: Educational institutions and other recipients of federal financial assistance subject to Title IX compliance obligations under 34 CFR Part 106 now operate under the pre-2024 regulatory framework as the codified rule of record. The Department notes it has not enforced the 2024 rule for over a year and a half, so the practical compliance landscape is unchanged for most recipients, but the CFR text itself is now updated to match current enforcement reality. Grantees and federally funded institutions should confirm their Title IX policies align with the restored, pre-2024 regulatory text rather than the vacated 2024 provisions.
By the numbers:
- Publication date: September 29, 2026
- Effective date: September 29, 2026
- Federal Register citation: 91 FR 61308
- CFR reference: 34 CFR Part 106
- Regulation Identifier Number: 1870-AA26
The rule is a direct-final action with no public comment period, reflecting that it restores previously effective text rather than establishing new policy. The Department frames the recodification as a technical update to the Code of Federal Regulations to bring the codified text into conformity with the rule actually in force following the vacatur of the 2024 amendments.
The document runs 16 pages in the Federal Register, spanning pages 61308 through 61323 of Volume 91. No further rulemaking or comment period is contemplated as part of this action.
Source: Federal Register
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