The U.S. Department of Education has formally repealed rule 9 of the Biden Government, which previously included gender identity in anti-discrimination protection and covered the LGBTQ student group. With the formal repeal of this rule, the regulatory framework of the Trump period has been restored and substantive changes will be made at the federal level in the treatment of discrimination complaints related to the gender identity of students. This adjustment directly affects federally funded educational institutions throughout the United States, student groups and federal offices responsible for implementing civil rights provisions.
Article 9 is a key provision in United States federal law prohibiting gender discrimination in educational projects and activities. During the Biden Government, the Ministry of Education adopted a rule that includes “gender identity” and “gender stereotyping” within the protection of article 9. This means that discrimination based on gender identity is considered a violation of federal civil rights regulations in the school environment, on which students can lodge complaints and seek redress.
This time, the Ministry of Education officially abolished the rule, meaning that this extended protection was removed. The restored regulatory framework goes back to the way it was interpreted in the Trump period, where the scope of protection under article 9 focused mainly on gender discrimination in the biological sense, excluding the extended interpretation of gender identity. For schools, this means that when dealing with complaints related to gender identity, it is no longer necessary to follow the criteria of the Biden rules, instead applying the more traditional gender definition framework.
This change was not merely an oral adjustment of policy, but was accomplished through a formal statutory review process. The Ministry of Education has made it clear that the 2024 rules will be removed from the text of the statute and the associated protective measures will be terminated. For schools and school districts dependent on federal funds, the change in this rule is directly related to their obligations and risks in terms of civil rights compliance.
According to various media reports, this action by the Ministry of Education is formal and procedural. The repeal of the rule did not occur suddenly, but followed a series of administrative steps. In the early days of the Trump Administration, the Ministry of Education began the review and adjustment of the Biden education policy. In March 2025, Trump signed an executive order aimed at dismantling the Ministry of Education, whose functions and personnel structure had begun a major reorganization, although not completely closed.
In this context, the treatment of article 9 by the Ministry of Education is part of its civil rights policy adjustment. The rule of article 9 of 2024 was established at the end of the Biden Government and subsequently formally challenged and eventually withdrawn during the Trump Government. The Ministry of Education has formally removed the rule from the “books”, i.e. a regulatory-level report. The process involved the notification of the Federal Gazette, the gathering of opinions and the publication of final decisions, which ensured the legal effect of the change of rules.
At the same time, staff and institutional adjustments within the Ministry of Education are being synchronized. In March 2025, the Ministry of Education announced a massive reduction in the number of employees from approximately 4,100 to approximately 2100. The Federal Office for Student Support and the Office for Civil Rights have been restructured. The remaining staff members commenced their administrative leave with pay on 21 March, while the separation or retirement programme was scheduled for 9 June. This reduction has a direct impact on the capacity to deal with civil rights complaints, as the number of office staff responsible for implementing article 9 and other civil rights provisions is reduced.
As the central body responsible for education policy in the federal government, the Ministry of Education has a structural change that has a direct impact on policy implementation. The Ministry of Education was established in 1979 by the Organic Law of the Ministry of Education and has several subordinate bodies, including the Office of Civil Rights, the Office of Primary and Secondary Education, the Office of Higher Education and the Office of Special Education and Rehabilitation Services. Among them, the Office of Civil Rights is responsible for implementing anti-discrimination legislation such as article 9, and is the direct enforcer of this change in rules.
During this reorganization, some of the functions of the Ministry of Education were decentralized to other federal agencies. More than 100 special education staff are reported to have been present in the Health and Human Services Department building since 10 September. Dozens of civil rights workers were transferred to the Ministry of Justice. These persons, although physically displaced, report to the Ministry of Education to some extent. This inter-agency staffing arrangement is temporary, with personnel assigned to the Department of Health and Human Services for an renewable period of 120 days, during which they report to the Ministry of Education but actually work in the Department. The agreement between the Ministry of Education and the Department of Health and Human Services continued until September 2027.
In addition, internal relocation of Ministry of Education headquarters personnel is ongoing. Staff were relocated from the Linden B. Johnson Building in Washington, D.C., to a smaller building about a block away. The Ministry of Education has previously indicated that this initiative could save taxpayers about $4.8 million in operating costs annually and eliminate wasteful space in an empty building of about 70 per cent. At the same time, Department of Energy staff will move into the Johnson Building, which is expected to save taxpayers more than $350 million in costs by avoiding major maintenance requirements for the current Department of Energy building.
This change in rules has had a practical impact on multiple groups. For schools and school districts, the receipt of federal funds is closely linked to civil rights compliance. The change in the rule of Article 9 means that schools need to adapt their policies and procedures to the regulatory framework of the restored Trump period when dealing with gender identity-related complaints. School managers need to review existing anti-discrimination policies to ensure that they are consistent with the latest federal interpretation, otherwise they may be exposed to federal financial risk or uncertainty in the handling of civil rights complaints.
For student groups, particularly LGBTQ students, the narrowing of the scope of protection meant that there had been a change in the way of seeking redress at the federal level in cases of discrimination on the basis of gender identity in schools. The Biden rules provide a broader basis for protection, while the restored rules may require students to provide evidence or arguments that are more in line with the traditional gender definition when filing a complaint. This does not mean that all protection has disappeared, but the scope and standards of protection have changed.
For the staff of the Civil Rights Office of the Ministry of Education and professionals dealing with complaints, downsizing and cross-institutional migration increase the complexity of the work. NPR interviews with five employees of the Ministry of Education indicate that, despite the Government ' s claim to reduce bureaucracy and increase efficiency by closing the Ministry of Education, the changes of the past 18 months have cost an unknown amount of taxpayer dollars and have made the work of the institution more complex and potentially inefficient. The decentralization of employees to different federal agencies may lead to increased communication costs, unclear responsibilities and extended processing times.
The reorganization of the Ministry of Education has also created uncertainty for students and families dependent on federal student funding. The Federal Office for Student Support had undergone a reorganization and some functions might be transferred to other institutions. While the White House has indicated that it will continue to oversee “critical functions”, such as student loans, the quality of specific processes and services may be affected by changes in personnel and organizational adjustments.
For schools and educational institutions, the latest guidance document issued by the Civil Rights Office of the Ministry of Education requires close attention. With the formal repeal of the article 9 rule, the Office of Civil Rights may issue new guidelines or explanatory letters on how to deal with complaints within the framework of the new rule. Schools should update their internal policies in a timely manner, train relevant personnel and ensure that civil rights complaints are properly addressed under new standards. At the same time, schools need to keep abreast of changes in federal funding conditions and ensure their compliance.
For students and parents, especially those who may be affected by changes in rules, it is important to understand new channels and standards of complaint. In the event of discrimination, it would be useful to know the type of complaints received and the process followed by the Federal Office of Civil Rights. Owing to the reduction in the staff of the Office of Civil Rights, the processing of complaints may be extended, and advance knowledge of the process will help manage expectations.
The reorganization of the Ministry of Education is continuing with regard to those concerned with the direction of federal education policy. The arrangements for decentralization to the Department of Health and Human Services and the Ministry of Justice were temporary, but the agreement lasted until September 2027, which meant that some of the functions of the Ministry of Education would operate during that period in a cross-institutional manner. Further adjustments in rules, restructuring of institutions or changes in personnel in the future will depend on the advancement of the education policy of the Trump Government and the reaction of Congress. The Democrats have proposed plans to save the Ministry of Education, but the current operational state of the Ministry shows that it has not been completely dismantled, but has become less effective, as indicated by the staff.
For taxpayers, the cost of restructuring the Ministry of Education is of concern. Although the Ministry of Education claims to have saved operating costs by relocating its headquarters and maintenance costs by moving the Department of Energy to Johnson House, NPR surveys indicate that the actual changes have cost unknown amounts of taxpayer dollars and have complicated the work. These costs include relocation of personnel, inter-agency coordination, potential efficiency losses, etc., the amount of which has not yet been fully disclosed.
In general, the formal repeal by the Ministry of Education of article 9 of the Biden-era rule is a concrete manifestation of the adjustment of federal education policy, the impact of which cuts across several levels, including school compliance, student protection, institutional functioning and taxpayer costs. As the rules enter into force and related procedures advance, the parties concerned need to adapt their behaviour to the new framework, while closely following subsequent official guidance and policy developments.