These are being promulgated by executive actions--the Department of Education issuing guidance using its authority over federal educational funding as the hook for enforcement. Thus they have been flipping back-and-forth between administrations. The Obama-era guidance was significantly rolled back by Trump, to include things like not allowing evidence to be admitted from a witness not subject to cross examination. Biden then undid certain parts of the Trump rule, specifically getting rid of the cross-examination requirement: https://www.browndailyherald.com/article/2022/03/activists-e...