On April 6, 2026, the U.S. Department of Education’s Office for Civil Rights (OCR) announced its rescission of portions of six (6) resolution agreements reached under prior Presidential Administrations with Cape Henlopen School District, Delaware Valley School District, Fife School District, La Mesa-Spring Valley School District, Sacramento City Unified School District, and Taft College.
Rescission of Resolution Agreements
In its press release, OCR stated that various schools were wrongfully faced with Title IX violations for the improper use of preferred pronouns and asking students about their preferred gender. Because the current Title IX Regulations offer protections based on sex, as opposed to gender identity, OCR concluded that these schools “are not in violation of the law and are freed from [the] terms of the resolutions agreements.”
What are Resolution Agreements?
When schools violate federal civil rights laws, OCR uses resolution agreements to require those schools to take specific actions to resolve their noncompliance. The purpose of these agreements is to ensure schools revise their policies and practices to eliminate discrimination. Resolution agreements may require schools to take corrective action, such as providing training to employees or updating protocols, and are often associated with a monitoring phase during which federal employees oversee the school’s compliance.
What do the Rescissions Mean?
Because OCR rescinded its agreements reached with the schools listed above, OCR will no longer monitor or enforce them. It is less clear, however, what this means for other resolution agreements implemented under the Obama and Biden Administrations.
The press release suggests that OCR may review and rescind additional agreements, as OCR remains committed to enforcing Title IX in accordance with the Trump Administration’s policies. “The Trump Administration is removing the unnecessary and unlawful burdens that prior Administrations imposed on schools,” OCR said in its press release.
Guidance for Schools
OCR’s recent action has created uncertainty about whether other resolution agreements will remain in effect. This may create difficulty and confusion for schools that look to resolution agreements and case resolutions for best practices and procedures.
To ensure continued compliance with Title IX, schools are encouraged to:
• Conduct Title IX policy reviews;
• Assess their obligations under existing resolution agreements, if any;
• Update procedures and internal protocols, as necessary;
• Train coordinators, investigators, human resources personnel, and other key personnel on the current Title IX Regulations and the school’s obligations;
• Monitor regulatory and enforcement developments; and
• Communicate questions or concerns with legal counsel.
Bottom Line For Schools
Many school boards, including those in Pennsylvania, face a particularly complex task in rescinding the agreements as they must also decide to what extent they might need to revise any policy that incorporated the agreement. Given that the Pennsylvania Constitution, the Pennsylvania Human Relations Act and the Doe v. Boyertown case (Federal Law) provide protection for the rights of transgender individuals, in such a scenario, school boards could conceivably be split on the effect of the rescission and what it means for their policies.
