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Biden rule transgender student-athletes overview:
- Who: President Joe Biden’s administration has proposed a new rule that would bar schools from “categorically” banning transgender student-athletes from playing sports.
- Why: The U.S. Department of Education says it has spent two years developing the proposed rule, which comes as institutions grapple with the highly charged debate around transgender athletes in sports.
- Where: The rule would apply in the United States.
The Biden administration has proposed a new rule that would bar schools from “categorically” banning transgender student-athletes from competing in sports under their gender identities.
However, the rule would allow schools to block transgender athletes from competing on sports teams that match those gender identities in some instances.
The U.S. Department of Education (DOE) says it has spent two years developing the proposed rule, which comes as institutions grapple with the highly charged debate around transgender athletes in sports.
The rule would prohibit “categorically” barring transgender athletes, making it a violation of Title IX, which prohibits sex discrimination at educational institutions that receive federal funding.
The proposed rule would apply to public K-12 schools, as well as colleges, universities and other educational institutions that receive federal funding. It would prohibit those institutions from implementing a “one-size-fits-all” policy that categorically bans transgender students from participating on teams consistent with their gender identity.
If introduced, the rule would also, though, allow schools to institute limited bans in certain situations, particularly in competitive high school and college athletic environments.
It would give universities and K-12 schools the discretion to limit the participation of transgender students, if they conclude that including transgender athletes could undermine competitive fairness or potentially lead to sports-related injuries.
Under the rule, educational institutions would be required to develop team eligibility criteria, which would account for the sport, level of competition and grade or education level of the athletes, among other things.
Harms should be minimized, DOE says
The DOE said schools would have to minimize harms to students whose opportunity to participate would be limited or denied.
In practice, the DOE expects most elementary school students would generally be allowed to participate in any sports teams regardless of their gender identity.
In high school and college, schools could potentially limit transgender student participation on the basis of fairness in competition, it said.
“Today’s proposed rule is designed to support Title IX’s protection for equal athletics opportunity,” U.S. Secretary of Education Miguel Cardona said.
“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 has 30 days to submit comments on the proposed rule.
Last year, parents of a transgender 16-year-old girl in Texas filed a lawsuit in an attempt to stop the state from investigating them as part of a new directive by Republican Gov. Greg Abbot, who ordered Texas’ child welfare agency to look into reports of underage youth receiving gender-confirming care, deeming it child abuse.
What do you think of the Biden administration’s proposed rule? Let us know in the comments.
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