Federal

Trump Admin. Drops Bid to Change a Title IX Rule Through Energy Dept.

By Matthew Stone — September 15, 2025 3 min read
Addison's Ava Bartlett attacks during Class 1A play in the AHSAA North Super Regional volleyball tournament at the Finley Center in Birmingham, Ala., on Oct. 24, 2024.
  • Save to favorites
  • Print

The Trump administration has dropped a proposal that would have made it so schools no longer had to provide both boys and girls the chance to play noncontact sports as a condition of receiving U.S. Department of Energy funding.

The federal agency took the unusual step of proposing the rule change under Title IX, the federal law prohibiting sex discrimination at schools, in May. The U.S. Department of Education generally takes the lead on Title IX regulations.

The Energy Department change would have rescinded a requirement that schools receiving money from the agency allow all students to try out for noncontact athletic teams when they don’t have both boys’ and girls’ teams.

See Also

Runners take off from the starting line for the 2A girls championship cross country race on Oct. 28, 2023, at the Norris Penrose Event Center in Colorado Springs, Colo.
Runners take off from the starting line for the 2A girls championship cross-country race on Oct. 28, 2023, at the Norris Penrose Event Center in Colorado Springs, Colo. The Trump administration is proposing a change to a school athletics rule under Title IX, but doing it through the U.S. Department of Energy rather than the Department of Education.
Parker Seibold/The Gazette via AP

The department said the current rules—which, for example, allow girls to try out for a baseball team if their school doesn’t have a softball team—“ignore differences between the sexes which are grounded in fundamental and incontrovertible reality while also imposing a burden on local governments and small businesses who are in the best position to determine the needs of their community and constituents.”

The agency originally said the rule change would take effect in July unless it received “significant adverse comments.”

In the end, the proposal attracted more than 21,000 comments, many of them sharply critical, and the Energy Department withdrew it on Sept. 10 after first delaying its effective date. K-12 Dive first reported the rule withdrawal.

The Energy Department rule change would have applied to far fewer schools than a rule change from the Education Department.

Roughly 300 universities and 80 school districts receive Energy Department funds, according to data from the agency, compared with the vast majority that receive money from the Education Department.

But while the Trump administration proposed changing the Energy Department’s Title IX rule, a comparable Education Department rule with the equal opportunity requirement for noncontact sports remains in effect.

Some observers saw the energy agency’s foray into Title IX rulemaking as the latest step in the Trump administration’s multiagency approach to enforcing its social agenda in schools.

The administration has involved the Health and Human Services and Justice departments, in particular, in taking action against schools, states, and athletic leagues for allowing transgender student-athletes to compete on girls’ and women’s teams, which the Trump administration contends is a violation of Title IX.

See Also

Education Secretary Linda McMahon accompanied by Attorney General Pam Bondi, right, speaks during a news conference at the Department of Justice headquarters in Washington, Wednesday, April 16, 2025.
Education Secretary Linda McMahon, accompanied by Attorney General Pam Bondi, right, speaks during a news conference at the Department of Justice headquarters in Washington, Wednesday, April 16, 2025. The pair were announcing a lawsuit against the state of Maine over state policies that allow transgender athletes to compete in girls' sports.
Jose Luis Magana/AP

Others noted that the Energy Department used a procedure to propose the Title IX rule change, called direct final rulemaking, that allowed it to avoid providing the formal public comment period that’s typically required when agencies propose major regulations or major changes to them.

A group of administrative law experts submitted a comment raising concerns about the agency’s use of direct final rulemaking for this change.

In its Sept. 10 notice withdrawing the rule change, the Energy Department said the move didn’t preclude it from proposing a similar change in the future. A department spokesperson didn’t immediately respond to a request for comment Monday on whether it would try to propose the same change again.

Along with the Title IX policy, the Energy Department in May proposed a handful of other changes to its nondiscrimination rules for recipients of agency funding using the same process.

One rule proposal would revoke a provision that new, department-funded construction be accessible to people with disabilities. Another would rescind a requirement to provide information in languages other than English when needed and a rule that recipients of department funds not run their programs in a way that might have discriminatory effects—a concept known as disparate impact that the Trump administration opposes in several contexts.

Those rule changes are pending but delayed.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
From Passive to Active Reading: Student Engagement in the Age of AI
What the research tells us about active reading and student engagement—and what it means for teaching in an AI-enabled world.
Content provided by Pearson
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Professional Development Webinar
Micro-Learning, Macro Results: Reimagining Professional Learning
Rethink professional learning with 3 strategies that personalize professional learning, validate expertise, and support educator retention.
Content provided by Mira Education & Modiv EDU
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School Climate & Safety Webinar
There But Not Present: Rethinking Student Engagement
Learn how to recognize the early signs of disengagement and what the behavioral science reveals about which interventions actually work.
Content provided by Frontline Education

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Opinion Public Educators Are Skeptical of the New Federal Tax Credits. They Needn't Be
Unlike vouchers, the new scholarships can benefit students choosing to attend public schools.
Deborah A. Gist & Thomas Arnett
•
5 min read
Giant tax funnel drops money into a public school building. Federal tax scholarships, public schools, private schools, charter schools
Vanessa Solis/Education Week + Getty
Federal Ed. Dept. Officially Kills Biden Rule That Added LGBTQ+ Protections to Title IX
The Education Department reinstates 2020 Title IX regulations effectively in place since early 2025.
4 min read
NEW YORK, NEW YORK - JUNE 13: Local elementary schools participate in the annual Brooklyn Gay Pride Parade, celebrating its 30th year, June 13, 2026 in the Park Slope neighborhood of the borough of Brooklyn, New York City.
Local elementary schools participate in the annual Brooklyn Gay Pride Parade, celebrating its 30th year on June 13, 2026, in the Park Slope neighborhood of the borough of Brooklyn, New York City. The Trump administration has officially rescinded a Biden-era regulation that extended Title IX's prohibition on sex discrimination to cover discrimination based on sexual orientation and gender identity.
Andrew Lichtenstein/Corbis via Getty Images
Federal OpenAI's Models Probed Websites of Department of Education, Other Agencies
The department's office for civil rights was probed in an attempted hack, according to a report.
3 min read
FILE - The OpenAI logo is displayed on a cell phone in front of an image generated by ChatGPT's Dall-E text-to-image model, Dec. 8, 2023, in Boston. (AP Photo/Michael Dwyer, File)
Federal Trump Administration Moves to Limit Fixes for Systemic Racism in Schools
The Trump administration has limited remedies schools can use to address systemic racial injustice.
7 min read
Jovonia Lewis poses for a portrait outside of the Durham Board of Education building on Sept. 21, 2026, in Durham, N.C.
Jovonia Lewis poses for a portrait outside the Durham Board of Education building on Sept. 21, 2026, in Durham, N.C. In 2018, the U.S. Department of Education reached an agreement with the Durham district after finding it disproportionately suspended Black students. The second Trump administration has limited the remedies schools can use to address systemic racial injustice.
Matt Ramey/AP