Wednesday, October 21, 2026

DOE Issues More Guidance on Title IX Application to Athlete Pay

Each revenue-sharing payment doesn’t have to be equal. But in aggregate, financial assistance has to be proportionate.

Nebraska's Rebekah Allick, right, lunges to pass the ball during a Big Ten volleyball match against Penn State at Rec Hall on Friday, Nov. 29, 2024, in State College, Pa.
Imagn Images

Want more from Front Office Sports
in your search results?

Add Front Office Sports on Google

On Friday, the Department of Education issued additional details on how Title IX, the federal statute that governs gender equity in college sports, would apply to revenue-sharing payments that schools may begin offering athletes if the House v. NCAA settlement is approved. 

The letter, addressed to Rep. Lori Trahan (D., Mass.) and reviewed by Front Office Sports, said each payment didn’t have to be worth the same amount of money. But schools are still obligated to provide a similar amount of aggregate financial assistance for both men’s and women’s sports athletes based on the number of athletes in their athletic department.

“The regulations do not require the same number of awards for male and female student-athletes or that individual awards be of equal value,” the letter said. But it added: “When evaluating a school’s compliance with the Title IX regulations, [the Office for Civil Rights] assesses whether the total amount of athletic financial assistance made available by the school to men and women is substantially proportionate to the number of students of each sex participating in interscholastic or intercollegiate athletics at that school.

The letter supplements a memo released by the DOE’s Office for Civil Rights (OCR) on Thursday, which said NIL deals offered from schools to players would count as athletic financial assistance. Because of that, revenue-sharing payments would be required to be “proportionate” to men and women athletes to be compliant with Title IX. However, the first memo did not elaborate on what “proportionate” meant.  

The two documents have major implications for the future of college sports, especially if the House v. NCAA settlement is approved and implemented in July. The settlement would allow all Division I athletic departments to begin sharing up to $20.5 million in revenue with all the players in their athletic department. As schools have begun preparing for the settlement to be approved, they’ve also started releasing plans for how they would distribute the funds. 

The vast majority have said they expect to distribute most of the money to football players—but according to the Department of Education’s new guidance, that may not be legal unless schools can adjust their financial aid formulas. 

Many expected the Department of Education’s OCR to wait until after the settlement had been approved to issue this guidance, a source familiar with the matter told FOS on Thursday. But it was encouraged to provide the guidance sooner, given how many schools have begun to say they would prioritize paying men’s basketball players and football players more than women athletes. (In some cases, athletic departments said they would give 75% of the $20 million to the football team.) 

Another factor: the changing political winds brought by the next administration. President Biden’s Education Department issued this guidance right before leaving office. President-elect Donald Trump will take office Monday, and his administration is not expected to be strict on Title IX enforcement. It could even retract or rewrite the memo, though Title IX expert attorney Arthur Bryant told FOS on Friday he doesn’t believe Trump will be able to do so.

Lawmakers on both sides of the aisle have already released conflicting statements about the memo. Rep. Trahan, for example, voiced her support: “As the landscape of college sports evolves, one principle remains unchanged: schools have a clear obligation under Title IX to provide equal opportunities for women and men athletes alike,” she said in a statement Friday. “The Department of Education’s guidance reinforces that commitment and ensures that fairness and equal opportunity remain at the heart of college athletics.”

But Sen. Ted Cruz (R., Texas)—who is expected to lead efforts to legislate athlete compensation rules in the next Congress—trashed the DOE’s guidance. “This is a great idea if Biden’s intent is to kill both men’s and women’s college sports,” he said in a statement Friday. “Mandating so-called equal pay when not all sports generate equal revenue will force some colleges out of athletics altogether. Everyone wants to be paid like Michael Jordan, but that’s not the way the world works.”

Cruz said the Department of Education’s guidance will “die on Jan. 20th.” But the wheels of bureaucracy could take longer to turn. Until Trump’s administration says otherwise, schools must alter their plans for revenue-sharing in a post-House world.

Download the FOS App

The business of sports, in your pocket.

QR code to download the app

Scan the QR code to get the app now.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

LSU Won’t Roster Ex-NBA Player As SEC Legal Battle Continues

Louisiana AG Liz Murrill called again for the SEC’s lawsuit to be dismissed.
Exclusive

Emails Reveal Powerful Network Behind Protect College Sports Act

New records shed light on how the PCSA passed the Senate.
Josh Pate Front Office Sports Tuned In

Josh Pate: Internet Hate Is ‘Not Real Life’

Pate learned the lesson on campus trips alongside Danny Kanell.

Why Europe Is Pumping Out NBA Superstars

The NBA and NCAA have an increasingly European flavor.
podcast thumbnail mobile
Front Office Sports Today

10/21/26 – T-Mac Backs Clippers Penalty, 80-to-1 Rays Haunt Sportsbooks, Jay-Z Picks Jay-Z

0:00

Featured Today

Football - NFL - Houston Texans v Jacksonville Jaguars - Wembley Stadium, London, Britain - October 18, 2026 The necklace of a Jacksonville Jaguars fan outside the stadium before the match

Die-Hard Sports Fandom Has Reached the Afterlife

Will fans pay $6,000 to memorialize their team loyalty?
October 15, 2026

College Flag Football Is Outgrowing Its DIY Era

Women have been building the college game themselves at the club level.
Oct 5, 2026; Pittsburgh, Pennsylvania, USA; Pittsburgh Penguins general manager Kyle Dubas arrives at the arena before the Penguins host the Winnipeg Jets at PPG Paints Arena
October 12, 2026

NHL’s New Wave of GMs Is Built Different

“I am in the prediction business,” Devils GM Sunny Mehta tells FOS.
Action Images/Peter Cziborra
October 9, 2026

Is Leicester City’s $264 Million Price Tag Too Rich for Hungry Investors?

After falling from grace, how much is a former top club worth?
Oct 3, 2026; Starkville, Mississippi, USA; Alabama Crimson Tide head coach Kalen DeBoer waits to run onto the field prior to the game against the Mississippi State Bulldogs at Davis Wade Stadium at Scott Field. Mandatory Credit: Petre Thomas-Imagn Images
October 7, 2026

Who Is Alabama Football in Year 3 Under Kalen DeBoer?

The No. 6 Crimson Tide host No. 2 Georgia on Saturday.

Army-Navy Could Shift Dates to Accommodate 24-Team CFP

The game could take place the Saturday left open without conference championships.
October 17, 2026

Michigan Benches Its Multimillion-Dollar Quarterback

Underwood’s benching comes after two first-half interceptions.
October 18, 2026

Big-Money Upsets Shake Up College Football

Half of the AP Poll top 10 lost in a single day.
Sponsored

Blake Griffin’s Plan for Media Domination

The former NBA star is building a second act across media & entertainment.
October 17, 2026

CFP Expansion Could Raise Stakes for Coaches, Buyout Costs

Nick Saban warns more playoff spots could mean more firings.
Ohio Gov. Mike DeWine delivers a statement condemning the death penalty during a news conference at his office in Columbus on June 16, 2026.
October 16, 2026

NCAA Sues Ohio Governor Over Fifth-Year Eligibility Order

Ohio Gov. Mike DeWine signed the executive order Tuesday.
Oct 9, 2026; Provo, Utah, USA; BYU Cougars head coach Kalani Sitake walks off the field after a win over the Iowa State Cyclones at LaVell Edwards Stadium. Mandatory Credit: Aaron Baker-Imagn Images
October 15, 2026

BYU Outperforming Its Budget As Notre Dame Showdown Arrives

Cougars coach Kalani Sitake has openly pushed for more resources.
Head Coach Curt Cignetti heads in during The Walk before the Indiana versus North Texas football game at Memorial Stadium on Saturday, Sept. 5, 2026. Brian and Amy were the hosts, middle two in frame.
October 15, 2026

Indiana’s Title Windfall Meets Its Biggest Home Game in History

A new jersey patch extends Indiana’s run of sponsorship deals.