Saturday, October 24, 2026

Trump Education Department Pulls Biden’s NIL Pay Equity Rule

The agency called the Biden-era guidance “overly burdensome” and “profoundly unfair” in a statement Wednesday.

NC State women's cross country
Kirby Lee-Imagn Images

Want more from Front Office Sports
in your search results?

Add Front Office Sports on Google

The Department of Education is rescinding weeks-old guidance mandating that NIL (name, image, and likeness) resources from athletic departments and revenue-sharing payments be “proportionate” between men’s and women’s sports.

The Biden Administration had issued the guidance in its final days, citing Title IX—the statute that prohibits discrimination in schools “on the basis of sex” and has come to also require equity in sports. Republicans quickly signaled they would move to reverse the guidance once President Donald Trump returned to office.

“The NIL guidance, rammed through by the Biden Administration in its final days, is overly burdensome, profoundly unfair, and it goes well beyond what agency guidance is intended to achieve,” the agency said in a statement Wednesday. 

The agency took down the NIL guidance Tuesday, but did not confirm the policy had been rescinded until Wednesday morning. It’s one of several Biden-era directives related to Title IX that the Trump Administration has quickly reversed.

The guidance most notably had said that revenue-sharing payments stemming from the House v. NCAA settlement would have to be proportionate for men’s and women’s sports athletes, as the agency had classified them as a form of financial aid. The department decided to release the guidance before the settlement was approved because a number of athletic departments had announced plans to give the lion’s share of the payments to football and men’s basketball players, a source had previously told Front Office Sports. Many schools have said they plan to award 75% of total revenue-sharing allocations to their football players. The guidance was also cited in an objection to the House v. NCAA settlement, which said the settlement’s terms violated Title IX.

But the Trump-controlled Dept. of Ed said the agency didn’t have the legal backing to mandate equitable payments. 

“Title IX says nothing about how revenue-generating athletics programs should allocate compensation among student athletes,” the agency said. “The claim that Title IX forces schools and colleges to distribute student-athlete revenues proportionately based on gender equity considerations is sweeping and would require clear legal authority to support it. That does not exist.”

Ted Cruz, the Texas Republican who chairs the Senate Commerce Committee, applauded the interpretation in a statement Wednesday. “Government intervention and mandates kill opportunities for athletes, especially in women’s and Olympic sports,” he said. “I am glad President Trump and his administration have righted this wrong.”

The new policy could change in coming years. Title IX interpretations and department policies change with each administration, and even the department’s own statement said “agency guidance” should not be the final word on federal statutes.

“College sports may change, but schools’ legal obligations under Title IX doesn’t,” Rep. Lori Trahan (D., Mass.) said in a statement Wednesday. “If Donald Trump and Republicans in Congress won’t defend women’s sports, the courts will have to.” 

There’s at least one pending case that could set a new precedent. In December, 32 varsity and club women’s sports athletes sued the University of Oregon for Title IX violations. The original complaint alleged Oregon was violating Title IX by not providing equitable access to NIL resources and NIL collective dollars.

Longtime Title IX attorney Arthur Bryant, who filed the Title IX objection in the House case, believes the Oregon suit will bring the legal standard in line with the Biden guidance.

“The law is clear that colleges can’t discriminate against women to make money or avoid losing money,” Bryant told FOS recently. “If sports leagues want to operate in paying men more money than women, they need to do so as pro or semi-pro sports leagues. Not as college athletics.”

Trump has made several other major changes to Title IX interpretation. Last week, Trump signed an executive order—citing Title IX—banning transgender athletes from competing in women’s sports in schools. His Education Department has since launched investigations into schools it believes violates Title IX by letting transgender women compete, and it has asked the NCAA to change its record books to wipe championships and titles from transgender athletes in women’s sports categories.

Trump has also said he plans to dissolve the entire agency. It’s unclear which agency would enforce Title IX if this happens. Project 2025, which telegraphed several second-term priorities, suggested Title IX enforcement powers be given to the Department of Justice.

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

Mark Walter’s Sports Empire Shrinking Again

The Dodgers and Cadillac F1 remain in Walter’s portfolio despite other sales.

MLB, Union Remain Far Apart As Low-Budget World Series Begins

The sides strongly disagree on the significance of the Rays-Brewers matchup.
Oct 17, 2026; Washington, District of Columbia, USA; Washington Spirit forward Trinity Rodman (2) on the field against the Gotham FC during the first half at Audi Field.

NWSL Abandons ‘Rodman Rule’ Restrictions

All players are now eligible to receive the league’s maximum salary.
Aug 30, 2018; New York, NY, USA; Television personality Britt McHenry in the stands during a second round match between Novak Djokovic of Serbia and Tennys Sandgren of the United States on day four of the 2018 U.S. Open tennis tournament at USTA Billie Jean King National Tennis Center. Mandatory Credit: Jerry Lai-USA TODAY Sports

Britt McHenry Out at Trump Admin After Viral Drink-Throwing Incident

McHenry joined the State Department as a press advisor last month.
podcast thumbnail mobile
Front Office Sports Today

10/23/26 – JJ Watt Takes CBS Chair, FIFA Rights Shake-Up, Small-Market World Series

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 20, 2026

Why Europe Is Pumping Out NBA Superstars

The NBA and NCAA have an increasingly European flavor.
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?

Utah Is College Football’s PE Guinea Pig—and Its’ Cashing In

No. 10 Utah hosts No. 14 Houston on Saturday night.
Nov 22, 2025; Austin, Texas, USA; Texas Longhorns flag on the field after a touchdown is scored during the first half against the Arkansas Razorbacks at Darrell K Royal-Texas Memorial Stadium. Mandatory Credit: Scott Wachter-Imagn Images
October 23, 2026

Kirk Goldsberry Leads Texas’s AI Push and Understands the Skeptics

Goldsberry says the program will create jobs, not cut them.
October 23, 2026

Bowl Games Face Uncertain Future With a 24-Team CFP

College football bowl game viewership rose 13% year over year in 2025.
Sponsored

Blake Griffin’s Plan for Media Domination

The former NBA star is building a second act across media & entertainment.
Texas Tech's Brendan Sorsby looks on during the spring football game, Friday, April 17, 2026, at Jones AT&T Stadium.
October 22, 2026

Cincinnati’s $1M Sorsby Lawsuit Hangs Over Texas Tech Showdown

One of the biggest offseason storylines returns to the spotlight on Saturday.
Oct 10, 2026; Dallas, Texas, USA; Texas Longhorns quarterback Arch Manning (16) looks on before the game between the Sooners and the Longhorns at Cotton Bowl. Mandatory Credit: Jerome Miron-Imagn Images
October 22, 2026

Arch Manning’s Slump Clouds His Draft Stock, Texas’s Investment

Draft analysts now question whether Manning should declare—or transfer.
Kentucky's Jason Patterson (26) gets by Oklahoma's Owen Heinecke (38) in the second half of the college football game between the University of Oklahoma Sooners (OU) and the Kentucky Wildcats at Gaylord Family — Oklahoma Memorial Stadium in Norman, Okla., Oct., 17, 2026.
First at FOS
October 22, 2026

Inside the First College Sports Super PAC

The PAC launched last month and hasn’t yet reported any donations.
Oct 11, 2025; College Park, Maryland, USA; Maryland Terrapins head coach Mike Locksley walks the sidelines during the first half against the Nebraska Cornhuskers at SECU Stadium. Mandatory Credit: Tommy Gilligan-Imagn Images
October 21, 2026

Maryland Breaks Ice With $10M Mike Locksley Firing

$4.9 million is due to Locksley within 60 days.