New York students will continue to have protections against discrimination based on gender identity and sexual orientation, despite the Trump administration’s rollback of federal Title IX rules this week, according to state education officials.
The U.S. Department of Education on Monday formally rescinded Biden-era regulations that expanded Title IX — the federal law prohibiting sex discrimination in education — to prohibit discrimination based on sexual orientation and gender identity.
But state education officials said Monday’s action won’t affect New York students.
“This week’s action doesn’t really change anything,” said Daniel Morton-Bentley, counsel and deputy commissioner for the state education department. “It’s been widely known and understood due to litigation that the Biden administration’s 2024 rule was not in effect.”
“So even though there was a press release this week, nothing new has occurred,” he added. “And in New York state, we have robust protections for LGBTQ students, women and girls anyone subjected to campus sexual abuse.”
Federal courts blocked the Biden-era and a judge ultimately vacated them nationwide in January 2025. The Trump administration has been enforcing regulations adopted during Trump’s first term since last year. Monday’s action formally restored those rules to the Code of Federal Regulations.
Education Secretary Linda McMahon said the move means federal regulations now “faithfully reflect court orders and congressional intent.”
Morton-Bentley said changes to New York’s protections would require the Democratic-led state Legislature and Democratic Gov. Kathy Hochul to Albany to reverse existing protections.
I don’t see that happening anytime in the near future,” he said. “We have a Legislature that has consistently protected all students.”
Hochul’s office said it has no plans to roll back protections.
“The federal administration’s decision to go back on Title IX protections does not change New York’s commitment to equal rights in education,” spokesperson Jonah Allon said.
The state education department has previously rejected attempts by two Long Island school districts to restrict transgender students from using bathrooms that correspond to their gender identity.
Civil rights groups said federal rules still matter, particularly for how schools handle harassment and assault complaints.
“For a transgender student wondering whether a school will take harassment seriously, respect who they are or allow them to participate fully in school life, the message is far more personal,” said Kei Williams, executive director of NEW Pride Agenda, a statewide LGBTQ+ advocacy group.
Lambda Legal, a New York City-based legal organization, also criticized the federal action.
“Title IX exists so every student can learn free from harassment and assault,” senior attorney Nicholas Hite said.
The federal action is the latest Trump administration policy targeting transgender students in New York. Major hospital systems like NYU Langone agreed to stop gender-affirming medical procedures for minors after the White House threatened their federal funding.
Earlier this year, a federal judge in Manhattan threw out the Trump administration’s attempt to withhold millions of dollars in federal funding from the city’s magnet schools over NYC Public Schools’ protections for transgender students.
Mayor Zohran Mamdani’s office did not respond to a request for comment.