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"There is absolutely no basis for what the Department of Education is doing, and it is unimaginably cruel," said a leader at the National Women's Law Center.
Continuing the assault on transgender people that President Donald Trump launched as soon as he returned to power last year, the US Department of Education's Office for Civil Rights rescinded portions of settlements intended to protect trans students at five school districts and one college.
The department framed the move as "freeing schools" from the Biden and Obama administrations' "illegal and burdensome enforcement of Title IX of the Education Amendments of 1972," a landmark civil rights law that bars sex-based discrimination in schools that receive federal funding.
According to The Associated Press, "One of the school systems, Delaware Valley School District in rural eastern Pennsylvania, received notice of the change from the Trump administration in February and has since voted to roll back its antidiscrimination protections for transgender students."
The administration also rescinded provisions of resolution agreements with Cape Henlopen School District in Delaware and Fife School District in Washington, as well as California's La Mesa-Spring Valley School District, Sacramento City Unified, and Taft College.
This is a cruel step by the Trump administration that will make our schools less safe and welcoming for all.Trans kids deserve what every student deserves — a school that supports their freedom to thrive.
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— ACLU (@aclu.org) April 6, 2026 at 6:05 PM
"The Trump administration has opened at least 40 civil rights investigations into educational institutions that provide protections for transgender students," and filed lawsuits in California and Minnesota, The New York Times reported. However, "Education Department officials said there was no precedent for the federal government terminating previously negotiated civil rights settlements with schools. Civil rights lawyers who worked under Democratic and Republican administrations said they were unaware of previous examples of such a move."
Advocates for trans people sharply condemned the rollback, which came on the heels of last week's International Transgender Day of Visibility.
"This sends a chilling alarm that trans students really are a target of this administration," Shelby Chestnut, executive director of the California-based Transgender Law Center, told the Times. "It's extremely concerning. Students should be safe to go to school and get an education."
Shiwali Patel, senior director of education justice at the National Women's Law Center, said in a statement that "there is absolutely no basis for what the Department of Education is doing, and it is unimaginably cruel. Title IX exists to ensure that students are protected from discrimination and treated with dignity so that they can learn and thrive in our schools. It's always been about that. It's what students, families, lawmakers, and advocates fought for when Title IX was passed decades ago. But the Trump administration's Department of Education has spent its limited resources to strip Title IX of that very purpose."
"Real complaints of discrimination and sexual assault are going unanswered by the Department of Education while conservative lawmakers continue to escalate their attacks on a small minority of students," Patel noted. "Parents, teachers, and students need the department to focus on addressing real harms on campuses instead of rolling back policies that keep all students safe."
"We should all be alarmed at the Trump administration's cruel escalation of their anti-trans agenda," she added. "When they push laws that explicitly target trans people or attempt to use scientifically inaccurate language to define sex, they are also inevitably targeting all women and girls. They want to control what we do, how we look, and how we act until we are pushed out of public life. But we are not going anywhere."
"The district has made clear it will not fold quietly, signaling that some institutions still have the resolve to stand against a federal campaign of erasure," wrote one LGBTQ+ rights journalist.
As educational institutions around the country capitulate, Denver's public school system said Tuesday that it would defy demands from the Trump administration to discriminate against transgender students even if it means losing federal funds.
Alex Marrero, the superintendent of Denver Public Schools (DPS), said the school "will protect all of their students from this hostile administration," by refusing to implement a ban on gender-neutral bathrooms mandated by Trump's Department of Education.
On Thursday, the department's Office for Civil Rights (OCR) sent Denver Public Schools an email demanding that the school remove a multi-stall, gender-neutral restroom at one of its high schools, which it claimed violated Title IX of the Civil Rights Act.
As Erin Reed, an independent journalist who covers LGBTQ+ rights, notes, the facility built by DPS and other schools is "similar to facilities in major airports, European cities, and increasingly across the United States." The school, meanwhile, has said that the facility was requested by students themselves and has 12-foot high partitions to protect their privacy.
The OCR went further. To be compliant with Title IX, it said, the school also had to "adopt biology-based definitions for the words 'male' and 'female'," meaning they needed to classify transgender students by their biological sex at birth rather than their preferred identities, including banning them from restrooms that do not correspond to their biological sex.
The Trump administration also called on the school to eliminate components of its "LGBTQ+ Toolkit," which includes guidance on how students and faculty can create a welcoming environment for their trans peers. Among other things, the document encourages members of the school community to step in to stop bullying of LGBTQ+ students, respect the preferred pronouns of all students, and for faculty to enforce dress codes in a gender-neutral way.
As Reed put it, the department was effectively "claiming that Title IX actually mandates discrimination against transgender students."
If DPS refused to comply within 10 days, the department threatened to strip the district of federal funding, which makes up 7% of the school's annual budget, according to Chalkbeat. A large portion of that federal money goes toward low-cost school lunches for poor children.
In a statement issued Tuesday, DPS's school board and administration put out a statement "disagreeing unequivocally" with the government's interpretation of the law.
"Title IX permits schools to provide sex-separate restrooms. It does not require that to be the only option," DPS argued. "The interpretation put forward by OCR would undercut our equity commitments, contradict our mission, harm the very students we are entrusted to support, and would have a devastating impact on East High School and the broader LGBTQ+ community. What matters most is that students are safe, have privacy, and can learn without fear."
"The decision to implement gender-neutral restrooms at East followed direct feedback from LGBTQ+ students who reported they did not feel safe," the statement continued. "For these students, access to a restroom where they feel secure is not symbolic. It is about dignity, health, and the ability to learn. When students speak, we listen and we act."
Superintendent Marrero, meanwhile, put out a short video on Instagram expressing his support for the district's LGBTQ+ students.
"As you might have seen in the news, the federal government has decided to take a firm stance and have us roll back our support to the LGBTQ+ community, and of course, we're not having it," Marrero said. "We will continue to stand in solidarity, and as you engage this weekend and beyond, I just wanted to let you know that we got you, and everything is going to be ok."
In a statement published alongside the video, Marrero wrote: "We will fight. In the courts, if we must. In the public square, when necessary. Always in partnership with those who believe that every student deserves to show up to school ready to learn, free from fear."
With this pledge to stand by its LGBTQ+ students, DPS joined five school districts in Virginia that last month responded with similar defiance when the Trump administration ordered them to stop allowing trans students to use bathrooms matching their gender. Those districts—which include Loudoun, Arlington, and Fairfax Counties—have launched a lawsuit against the Trump administration to keep their federal funding.
"Elite institutions like Brown, Columbia, and Penn—as well as multiple hospitals serving transgender youth—have already capitulated, signing away protections through bathroom and sports bans or cutting off medical care entirely," Reed wrote. "Denver Public Schools, by contrast, has drawn a line. With the Department of Education's deadline looming next Monday, the district has made clear it will not fold quietly, signaling that some institutions still have the resolve to stand against a federal campaign of erasure."
Rather than descend into reactionary advocacy that centers an untrustworthy, increasingly fascist government, we must go above and beyond Title IX, standing up for actionable, lasting solutions to sex-based discrimination in schools.
“Are you going to comply with that?”
The question came at a bipartisan governors’ meeting, lobbed unceremoniously by U.S. President Donald Trump toward Gov. Janet Mills of Maine. Gov. Mills is one of the few representatives of any political party or institution to defy a recent executive order barring transgender students from women’s sports—and to stand firmly and vocally against the weaponization of Title IX to advance a bigoted, anti-trans agenda.
“I’m complying with the state and federal laws,” she replied. And then—“See you in court.”
Even as we identify and invest in alternate approaches to protecting students from gender-based discrimination, we cannot grant right-wing politicians leeway to weaponize Title IX for their own political gain.
The exchange, though brief, and the rushed and retaliatory federal investigation that followed, echoed far beyond the White House as a rare but critical example of how state, local, and school officials must stand up for students in the absence of adequate federal protections against sex discrimination. And those federal protections have never been adequate.
It is high time to recognize that in practice—and without states and schools moving beyond compliance to true advocacy for their students—Title IX has never offered comprehensive, accessible solutions to gender-based violence. I should know: I’ve experienced Title IX’s failings as a student, an organizer, and a policy advocate working to change how schools treat—and advocate for—survivors.
I was a college student in the Obama years, during what should have been a progressive “golden age” for Title IX, the federal civil rights law prohibiting gender-based discrimination in publicly funded schools. The reality on the ground was marked less by progress than by confusion and chaos. When my peers sought support from our Title IX office, administrators called their reasonable requests for support “too difficult” to address. Without on-campus advocates, nearly 40% of survivors who reported abuse during this period experienced a substantial disruption in their education due to retaliation, institutional betrayal, and being pushed out of schools. Many survivors stayed silent.
When Betsy DeVos gutted Title IX protections during the first Trump administration, I joined the survivor- and youth-led project Know Your IX, where I worked with student activists whose horror stories under the Trump administration’s Title IX rule sounded eerily familiar. Survivors experiencing traumatic investigations dropped out of school—paying off student loans for a degree they would never get. Medical school students chose not to report abuse for fear of losing professional opportunities. Young people who had experienced dating abuse developed new mental health challenges, and their schools refused to grant accommodations. And though Joe Biden won the presidency in 2020, Trump-era guidance on how schools should enforce Title IX persisted throughout nearly the entirety of his presidency. President Trump moved to officially reinstate DeVos-era guidance, after appointing people who have caused sexual harm or been complicit in it (including Secretary of Education Linda McMahon) to the highest positions of power in our country. If it wasn’t already clear, it should be staggeringly so now: We cannot rely on the federal government to save us.
Rather than descend into reactionary advocacy that centers an untrustworthy, increasingly fascist government, we must go above and beyond Title IX, standing up for actionable, lasting solutions to sex-based discrimination in schools. Local organizing at K-12 schools and college campuses led by students and survivors offers one path forward. We can also fight for stronger state anti-discrimination policies that reflect the needs of marginalized students. And we can empower student groups with resources and training to support their peers in the absence of federal or administrative protections.
Most importantly, it is time for schools to take responsibility for protecting their students and act accordingly—regardless of state and federal policy, or how the president decides to interpret the 37 words that make up the statute of Title IX. While federally funded schools are required to comply with Trump’s Title IX rule, they can and should create separate anti-discrimination policies that fill in the gaps of the current Title IX rule. We should encourage schools to go above and beyond what federal law requires to protect students from sexual violence, and respond with care when it occurs.
Of course, in the absence of strong, federal legislation codifying students’ protections and schools’ responsibility to address gender-based discrimination, “sending education back to the states” creates an inequitable patchwork of civil rights protections, resulting in even more students experiencing traumatic disruptions to their education. While investing in school- and state-level organizing, we must build wide networks of support and mutual aid that persist no matter how hostile the environment. Groups like Know Your IX, now a project of the national youth activism organization Advocates for Youth, will continue to organize alongside brilliant and dedicated survivors and student activists holding their schools accountable and fighting for survivor-centered solutions.
Even as we identify and invest in alternate approaches to protecting students from gender-based discrimination, we cannot grant right-wing politicians leeway to weaponize Title IX for their own political gain. We must join Gov. Mills and shout from the rooftops that bigoted, transphobic attempts to attack marginalized young people through education policy will never be a solution to this country’s epidemic of sexual harassment and assault. We must hold strong in the face of increasingly brazen attempts from federal officials to curb students’ rights and retaliate against dissidence. If lawmakers actually cared about women and girls, they would bolster Title IX protections—not attempt to dismantle them.
Title IX was always the floor, not the ceiling. Now, it’s time to aim for the stars. Student survivors, LGBTQI+ youth, and pregnant and parenting people deserve nothing less.