ExecutiveOrdersEO
EO 14021Executive OrderBiden · D Quiet signal

Executive Order 14021

Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity

This executive order directs the Department of Education to review and potentially revise Trump-era Title IX regulations that narrowed protections against sex discrimination, explicitly extending protections to include sexual orientation and gender identity. The order requires a 100-day review of agency actions inconsistent with this expanded policy, with particular focus on the May 2020 rule that changed how schools handle sexual harassment allegations.

Federal Register Open PDF 86 FR 13803

Impact dates

  1. Consider suspending, revising, or rescinding inconsistent agency actions, or publish proposed rules for notice and comment

  2. Review existing guidance and issue new guidance as needed on implementation of May 2020 rule

  3. Secretary of Education completes review of existing regulations, orders, guidance, policies, and agency actions inconsistent with EO policy and provides findings to OMB Director

Key directives

  • Secretary of Education shall review all existing regulations, orders, guidance, policies, and agency actions inconsistent with the policy within 100 days
  • Specific review of 85 FR 30026 (May 19, 2020 Title IX rule) and related agency actions
  • Review findings must be provided to Director of OMB
  • Review existing guidance and issue new guidance as needed on implementation of the May 2020 rule
  • Consider suspending, revising, or rescinding inconsistent agency actions as soon as practicable
  • May publish proposed rules for notice and comment to suspend, revise, or rescind inconsistent actions
  • Consider additional enforcement actions to enforce sex discrimination prohibitions
  • Account for intersecting forms of discrimination affecting resource availability
  • Ensure appropriate support for students who have experienced sex discrimination
  • Ensure school procedures are fair and equitable for all

Who is ordered

Timeline

Immediate

  • Policy declaration extending Title IX protections to sexual orientation and gender identity
  • Direction to consider suspending, revising, or rescinding inconsistent agency actions

Near term (90d)

  • Secretary of Education must complete review of existing regulations, orders, guidance, and agency actions within 100 days
  • Review of May 2020 Title IX rule (85 FR 30026) for consistency with governing law
  • Provision of review findings to OMB Director

Long term

  • Potential rulemaking to suspend, revise, or rescind inconsistent regulations
  • Issuance of new guidance on implementation
  • Additional enforcement actions to address sexual harassment and intersecting discrimination

Risks & tensions

  • Legal tension: May 2020 rule resulted from formal notice-and-comment rulemaking; rescission requires similar process, creating procedural delay and litigation risk
  • Vague timing: 'As soon as practicable' and 'as appropriate' in multiple directives create implementation uncertainty
  • Resource constraint: 'Subject to availability of appropriations' may limit enforcement capacity
  • Political polarization: Title IX policy changes typically generate significant opposition and legal challenges
  • Interagency coordination required between Education and Justice Departments may slow implementation
Executive Order 14021: Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity · Executive Orders