The Biden administration Thursday released a proposed federal rule that would prohibit schools from “banning transgender students from participating on teams consistent with their gender identity.”
The proposed rule would change the Title IX Regulations regarding student participation in school athletics. The rule would address student eligibility in playing sports. Under the proposed rule, “policies [would] violate Title IX when they categorically ban transgender students from participating on sports teams consistent with their gender identity just because of who they are.”
The proposed rule would give schools the ability to “develop team eligibility criteria” that would promote objectives like “fairness in competition or preventing sports-related injury.” However, schools can not “adopt or apply one-size-fits-all” policies that would categorically ban transgender students from participating as the gender they identify with.
The public notice released by the US Department of Education states, “Participation in school athletics is an important component of education and provides valuable physical, social, academic, and mental health benefits to students. The proposed rule affirms that students benefit from the chance to join a school sports team to learn about teamwork, leadership, and physical fitness.”
In response to the proposal, US Secretary of Education Miguel Cardona stated:
Every student should be able to have the full experience of attending school in America, including participating in athletics, free from discrimination. Being on a sports team is an important part of the school experience for students of all ages. Beyond all the benefits to physical and mental health, playing on a team teaches students how to work hard, get along with others, believe in themselves, and build healthy habits that last a lifetime. Today’s proposed rule is designed to support Title IX’s protection for equal athletics opportunity. We welcome and encourage public comment on the proposed regulation and will continue working to ensure Title IX’s effective protection for all students.
The public will have 30 days to comment on the proposed rule.