The Department of Education filed a Notice of Proposed Rulemaking (NPRM) that seeks to avoid banning trans athletes from participating on women's teams. Secretary of Education Miguel Cardona recommended modifying Title IX so that young people can have the experience of "participating in athletics, free from discrimination." The proposal will also allow schools some limitations on trans participation such as "ensuring fairness in competition."
Today @EDcivilrights proposes changes to its #TitleIX regulations to advance Title IX’s longstanding goal of ensuring equal opportunity for all students in schools’ athletic programs and invites public comment. Learn more in our news room: https://t.co/9fkF3rMX3G
— ED Civil Rights (@EDcivilrights) April 6, 2023
Response to the laws "saving women's sports"
The Biden administration's move coincided with the Supreme Court's ruling allowing a trans boy to compete on his West Virginia high school girls' team until the judicial process on his case is exhausted. The initiative is also aimed at combating legislation passed in numerous Republican-governed states that have passed rules to "save women's sports" from the participation of trans men.
The Department of Education wants to modify Title IX, approved in 1972, which guarantees equality and non-discrimination on the basis of sex in schools. According to the agency's statement, after two years of meetings with parents of trans children, schools, teachers and coaches, they see the need to expand Title IX to include transgender athletes "to provide clarity" about their ability to participate in sports according to their gender.
The official proposal states that:
Under the proposed regulation, schools would not be permitted to adopt or apply a one-size-fits all policy that categorically bans transgender students from participating on teams consistent with their gender identity. Instead, the Department’s approach would allow schools flexibility to develop team eligibility criteria that serve important educational objectives, such as ensuring fairness in competition or preventing sports-related injury. These criteria would have to account for the sport, level of competition, and grade or education level to which they apply. These criteria could not be premised on disapproval of transgender students or a desire to harm a particular student. The criteria also would have to minimize harms to students whose opportunity to participate on a male or female team consistent with their gender identity would be limited or denied.
"Equal athletics opportunity"
The Secretary of Education, Miguel Cardona, emphasized that participation in sports activities is part of the experience of "going to school" in the U.S. "free from discrimination":
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.”
