Education Department rule would limit transgender student athlete bans

April 6 (UPI) — A rule change outlined Thursday by the U.S. Department of Education would establish a new framework for developing eligibility criteria for transgender athletes participating in school sports.

The notice of proposed rule making falls under Title IX and aims to limit the extent to which individual schools or athletic associations can enact blanket bans on transgender student athlete participation, the department said Thursday.

Following the Education Amendments of 1972, federal regulations have required schools to provide equal athletic opportunities for students regardless of gender.

Lawmakers in Kansas Wednesday passed legislation that will ban transgender student athletes from competing in women’s sports beginning this summer. The state is the latest to enact sweeping bans of transgender athletes wishing to compete in a sport consistent with their gender identity.

The NPRM introduced Thursday, if passed, would block schools from adopting a one-size-fits-all approach or policy like the one in Kansas and in other states.

The department expects it “would provide much needed clarity for students, parents, and coaches.” The proposal comes after two years of outreach on behalf of the department, which heard from schools, students, parents, and coaches. The common underlying concern was uncertainty.

All public schools from kindergarten through Grade 12, as well as colleges, universities, and other post-secondary institutions that receive federal funding would be required to abide by the proposal.

“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,” U.S. Secretary of Education Miguel Cardona said in a statement Thursday.

“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 rule change proposal comes the same day the U.S. Supreme Court ruled transgender student athletes can compete on womans’ sports teams in West Virginia. The high court upheld a lower court’s challenge to anti-trans legislation passed in that state in 2021.