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The Department intends to amend regulations implementing Title IX of the Education Amendments of 1972 (Title IX) to ensure consistency with Executive Order 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government (January 20, 2025), including clarifying that implementation of Title IX is to be based on sex, which shall refer exclusively to an individual's immutable biological classification as either male or female.

Statement of Need:

The Department is amending portions of its regulations promulgated pursuant to Title IX of the Education Amendments Act, codified at 20 U.S.C. 1681, to more closely align its regulations with Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, issued on January 20, 2025.

Summary of the Legal Basis:

The Department is amending portions of its regulations pursuant to Title IX of the Education Amendments Act, 20 U.S.C. 1681.
Executive Order 14168 directs federal agencies to recognize the existence of only two sexes, male and female, that are not changeable and are grounded in fundamental and incontrovertible reality.

Alternatives:

This will be discussed in the action taken by the agency that is published in the Federal Register.

Anticipated Costs and Benefits:

This will be discussed in the action taken by the agency that is published in the Federal Register.

Risks:

This will be discussed in the action taken by the agency that is published in the Federal Register.