Schools and colleges largely could not ban nonbinary and transgender students from sports teams, the Biden administration said Thursday in a long-promised proposed rule to protect these students from discrimination.
“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 in a statement that included details of the rule.
The proposal comes at a time when a number of states are banning transgender students from participating on sports teams that align with their gender identity.
"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," the Education Department said.
While overarching bans wouldn't be allowed, there would be instances where schools and colleges could justify keeping students off teams that align with their gender identity, alarming some advocates.
"We are concerned about whether the proposed rule can properly eliminate the discrimination that transgender students experience due to the pervasive bias and ignorance about who they are," said Sacha Buchert, a senior attorney and director of Lambda Legal’s Nonbinary and Transgender Rights Project. "We look forward to submitting comments and working with the administration to further remove those remaining bigotry-based barriers to full and equal participation by transgender youth.”
More:Education Department acts to advance transgender, nonbinary inclusion in youth sports
What does the proposed rule say?
While the rule would prevent blanket bans on transgender and nonbinary students' participation in sports, schools could make exceptions, the department said, especially if it means ensuring fairness in competition or preventing sports-related injury.
Schools will be able to determine what is right for them under the proposed regulation, taking into consideration grade and education level, a senior department official said on a call with reporters Thursday.
Elementary school students would almost always be able to play on teams that match their gender identity, as a result, the department said it expects, but in high school and college sports, more limits on transgender students' participation would be expected.
"I'm trying not to be prescriptive today," the official said. "My hope is to offer school communities sufficient information to satisfy the law."
Specifically, the Education Department said that its 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";
- "Recognizes that in some instances, particularly in competitive high school and college athletic environments, some schools may adopt policies that limit transgender students’ participation"; and
- "Would provide schools with a framework for developing eligibility criteria that protects students from being denied equal athletic opportunity, while giving schools the flexibility to develop their own participation policies."
More:Supreme Court sides with 12-year-old transgender girl fighting West Virginia's sports ban
What happens next with the proposed rule?
The Education Department will accept comments on its proposal for 30 days. After considering the input, it will craft a final regulation. The proposed rule could remain the same, or be changed or pulled back.
"Today’s proposed rule is designed to support Title IX’s protection for equal athletics opportunity," 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.”
What are people saying about the proposal?
Those who support it said:
- “Transgender youth are an integral part of every school across this country. We applaud the Department of Education for recognizing that the law requires that transgender students must be treated fairly and equally and as respected members of their school communities," wrote Imani Rupert-Gordon, the executive director of the The National Center for Lesbian Rights in a media release.
And those who oppose it said:
- "Title IX was meant to protect women’s sports," wrote Ronna McDaniel, the chairwoman of the Republican National Committee on Twitter. "Now, Biden is using Title IX to destroy them."
More:Wellesley college says no to transgender men: How do other women's universities stack up?
Contact Kayla Jimenez at [email protected]. Follow her on Twitter at @kaylajjimenez.
