No longer ban transgender students from sports teams of their gender identity

The U.S. Department of Education has proposed an amendment. This amendment would alter the Title IX regulations for student eligibility in athletic teams. [i]

This amendment aims to ensure equal opportunity in sports for all students. This proposal argues that policies that stop transgender students from joining sports teams based on gender identity violate Title IX. [i]

The proposal would enable schools to develop their eligibility criteria while protecting students from being denied equal athletic opportunities. The proposal supports the idea that school athletics positively impacts students in numerous ways. Physical, social, academic, and mental health benefits are discussed. The public is encouraged to provide comments on the proposed regulation. [i]

Overview of the Proposed Rule on Transgender Student-Athlete Participation

This proposed rule acknowledges the significance of school athletics. It also ensures that Title IX’s nondiscrimination requirement is followed for transgender student-athletes. Schools should not have a uniform policy prohibiting transgender students from joining teams that match their gender identity. This is not fair or beneficial to all students. [ii]

Eligibility criteria must serve important educational objectives and account for the sport, level of competition, and grade or education level. One-size-fits-all policies would not satisfy the proposed regulation. The criteria must minimize harm to students. Without this, they would be limited or denied the opportunity to participate on a team that matches their gender identity. [ii]

The proposed regulation would acknowledge the varying levels of competition among school athletic teams. Additionally, the types of sports offered also vary significantly. Overall, schools should strive to create opportunities that are as inclusive and equitable as possible. [iii]

The proposed regulation is set to be added to section 106.41(b)(2) of the Title IX regulations. It would read:

If a recipient adopts or applies sex-related criteria that would limit or deny a student’s eligibility to participate on a male or female team consistent with their gender identity, such criteria must, for each sport, level of competition, and grade or education level: (i) be substantially related to the achievement of an important educational objective, and (ii) minimize harms to students whose opportunity to participate on a male or female team consistent with their gender identity would be limited or denied. [iii]

Reference

[I] U.S. Department of Education, FACT SHEET: U.S. Department of Education’s Proposed Chane to its Title IX Regulations on Students’ Eligibility for Athletic Teams (Apr. 6, 2023)

[ii] Id.

[iii] Id.