Evolving Changes in the Department of Education: How Will They Affect Title IX Cases in 2026?
| | Title IX
2025 began with a flurry of executive orders and guidance that changed the direction of Title IX policies. However, some of the most significant uncertainties regarding the future of Title IX centered on the announcement that the Department of Education would be dismantled and its functions distributed to other federal departments. In March, Executive Order 14242 explained the reasons for the department’s closure and stated that its main functions would be “returned to the States.”
Uncertainty persists regarding the Department of Education’s functions and the impact on Title IX cases. In November, the Department announced the creation of six agreements among agencies that appear to represent the next steps forward in the plan to dismantle the Department of Education and “return education to the states.” Which powers will be delegated to the individual states, and which will be delegated to another federal agency? And how could that impact Title IX cases going forward?
Overview of New Interagency Agreements
The six agreements introduced in November involve partnerships between the Department of Education and the Departments of Labor, Interior, Health and Human Services, and State. These agreements are modeled on a workforce development partnership announced in July that granted the Department of Labor greater control over specific adult education and family literacy programs, as well as certain career and technical education programs.
Elementary and Secondary Education Partnership Between the Departments of Education and Labor
Through the Elementary and Secondary Education Partnership, the Department of Labor will assume greater control over federal K-12 programs. This is promoted as a means to ensure that these programs are better aligned with college and workforce programs and to further students’ transitions and progress.
Postsecondary Education Partnership Between the Departments of Education and Labor
The Postsecondary Education Partnership grants the Labor Department greater authority to administer postsecondary education grant programs. The stated goal is to reduce the nation’s shortage of skilled labor. Grants administered through the program, which will now be subject to greater oversight by the Department of Labor, are designed to help students obtain career training and credentials.
Indian Education Partnership Between the Departments of Education and the Interior
This interagency agreement shifts more responsibility for the administration of Indian Education programs to the Department of the Interior. These programs include elementary, secondary, higher, technical, career, and vocational rehabilitation education. The Department of the Interior is intended to be the “key point of contact for Tribes and Native students,” yet the announcement notes that the Department of Education will continue to provide “proper oversight.”
Foreign Medical Accreditation Partnership Between the Departments of Education and Health and Human Services
Creating the Foreign Medical Accreditation Partnership puts the Department of Health and Human Services in the position of overseeing the work of the National Committee on Foreign Medical Education and Accreditation. This enables the expertise of HHS staff to be applied to evaluations of the standards of foreign medical schools and how they compare with standards for medical schools in the U.S.
Child Care Access Means Parents in School Partnership Between the Departments of Education and Health and Human Services
The CCAMPIS program provides grants to colleges to provide child care support for parents attending college classes. Administration and oversight have been transferred to the Department of Health and Human Services, which currently oversees other child care initiatives.
International Education and Foreign Language Studies Partnership Between the Departments of Education and State
This partnership enables the Department of State to oversee all foreign education programs. Previously, the Department of State administered several international education grants, including the Fulbright Program, but some programs have been defunded.
Impact on Title IX Cases
In January, the Department of Education announced that it would enforce the Title IX rules adopted in 2020 rather than the revisions released in 2024. Judicial action had blocked enforcement of the new rules in many jurisdictions and, eventually, throughout the U.S., so this announcement brought a measure of certainty to Title IX proceedings.
Since the initial flurry of activity and change, the Department of Education has investigated actions and policies by the education departments in several states and announced that they are out of compliance with Title IX. Any dismantling of the Department’s authority over Title IX matters appears to be hidden at this point.
Many people view the Department’s Office for Civil Rights as the cornerstone of Title IX enforcement. The Office has provided guidance on how rules should be interpreted by schools, has investigated complaints, reviewed institutions’ compliance, and monitored corrective actions. So far, these functions appear to continue, but if the Department is further dismantled, these actions are likely to be reduced or discontinued.
These functions could shift to the Department of Justice. Even so, there are predictions that without robust action by the Office for Civil Rights, access to justice will be denied to many students.
However, the Department of Education is not the sole, and arguably not even the primary, source of enforcement of Title IX rights. Students can initiate complaints directly, beginning on campus and continuing in the courts. While it is generally necessary to work with an attorney in the process, this student-initiated enforcement process puts individual complainants and respondents in control of their own enforcement efforts. By contrast, when they file complaints with the Office for Civil Rights, the administrative agency chooses what cases to investigate, if any, and how vigorously to pursue individual rights.
Trust Your Rights to an Experienced Title IX Legal Team
Title IX proceedings generally have a significant impact on the lives, reputations, and future opportunities of both complainants and respondents. At Nesenoff & Miltenberg, our legal team has focused on the nuances of Title IX law for decades, and we understand the most effective pathways to justice and enforcement of rights in all situations.
If you are in the midst of a Title IX proceeding or an issue has arisen that could lead to a Title IX complaint, we invite you to schedule a confidential consultation with our team to learn how we could protect your rights.