Biden Administration Withdraws Policies on Transgender Athletics and Student Debt
As his administration draws to a close, President Biden has officially ended his pursuit of policy changes on some of the most controversial proposals initiated during his tenure, including transgender athletics, student debt, and more.
At the top of the withdrawal list is a proposed Title IX rule that sought to address school policies regarding the eligibility of transgender students to participate on athletic teams consistent with their gender identity. Published in 2023 and originally intended for inclusion in a broader Title IX regulatory package, the rule stalled amidst legal challenges and political backlash against transgender athletes. In the notice announcing the withdrawal of the proposed regulations, the Department of Education cited multiple pending court cases as the reason it is declining to regulate on the issue at this time.
The Department of Education also formally withdrew the notice of proposed rulemaking and ended the rulemaking process for the targeted student debt cancellation proposal, as well as the student debt cancellation proposal for borrowers facing hardship. Both debt forgiveness proposals were discontinued due to the Department’s belief that implementing these proposals as written, with the limited time remaining for them, would present operational challenges too great to overcome.
Finally, citing concerns raised by negotiators and the need for further study, the Department of Education officially terminated the negotiated rulemaking process for regulations governing state authorization, cash management, and accreditation. The Department’s move means that the proposed changes to these regulations will not take effect. Although final rules were published on several other issues involved in the 2024 negotiated rulemaking, the proposed amendments to state authorization, cash management, and accreditation were deeply problematic for institutions of higher education and strongly opposed by NAICU and other stakeholders.
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Jody Feder