The Department of Education released a new regulatory proposal for Title IX on Thursday that will curb a number of state laws requiring athletes to compete based on their biological sex if the rules are finalized in their current form.
said in a statement."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 new regulations, while banning sex-specific requirements for elementary-aged programs, allow some flexibility for schools to adopt sex-based eligibility criteria for high school and college sports programs. For older athletes, the proposed rule says that in order to implement sex-specific eligibility criteria, schools must be seeking to satisfy"an important educational objective" and"minimize harms" for student-athletes that would be barred from competing based on their gender identity.
The proposed rule comes nearly a year after the department announced that it would undergo a separate Title IX rulemaking process for athletics when it unveiled itsin June of last year. That rule, which is expected to be finalized in the coming months, rolled back several changes to the application of Title IX enacted by then-Secretary Betsy DeVos and the Trump administration. The most significant change was expanding the Title IX ban on sex-based discrimination to include gender identity.
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