Biden admin releases new Title IX rules that bars states from banning transgender students competing in sports

The new guidelines give schools little flexibility to ban transgender athletes based on age and sport

The Biden administration released on Thursday new Title IX rules that bar schools that receive federal funding from enforcing policies that ban biological males from playing girl’s sports.

The U.S. Department of Education proposed to amend Title IX in order to set out a standard that would “govern a recipient’s adoption or application of sex-related criteria that would limit or deny a student’s eligibility to participate on a male or female athletic team consistent with their gender identity.”

The proposed regulation also would provide needed clarity on how schools can ensure that students have equal opportunity to participate on male and female athletic teams as required by Title IX.

“The proposed rule would establish that policies 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,” a notice from the Department of Education states.

The proposed amendment provides that any transgender athlete denied or limited the opportunity to participate in a sport that is consistent with their gender identity must be “substantially related to the achievement of an important educational objective” and “minimize harms to students.”

“Every student should be able to have the full experience of attending school in America, including participating in athletics, free from discrimination,” U.S. Secretary of Education Miguel Cardona said. “Being on a sports team is an important part of the school experience for students of all ages.”

However, the changes still give schools some flexibility to ban transgender athletes depending on age and sport.

“The proposed rule also recognizes that in some instances, particularly in competitive high school and college athletic environments, some schools may adopt policies that limit transgender students’ participation,” the notice continued.

There will be 30 days of public comment before the new rule would go into effect.