Govind Tekale
New Title IX rules are being introduced by the Biden administration.
The aim of the new rules is to expand the meaning of “sexual discrimination” to include gender identity.
The new rules will be applicable to transgender athletes participating in women’s sports.
According to the proposed rule, no school or college that receives federal funding can impose a “one size fits all” policy.
Banning categorically transgender students from playing on sports teams consistent with their gender identity would be considered a violation of Title IX.
Amendments to regulations implementing Title IX are being proposed by the Education Department.
Title IX’s application to sex-related criteria will be clarified by the proposed regulation.
It would constitute a violation of Title IX if blanket bans were applied to transgender athletes participating on school sports teams consistent with their gender identity.
Adopting or applying a “one size fits all” policy that categorically bans transgender students from participating on sports teams consistent with their gender identity would be prohibited in schools.
It’s to be noted that the schools covered by the proposed rule would be permitted to draft their own policies limiting athletic participation based on a set of sex-related criteria unique to their community.
Restrictions should also be “substantially related” to the achievement of an important educational objective.
The plan has earned pushback from many conservative groups.
The Department of Education does not have the legal authority to issue regulations that would subvert rather than fulfill the requirements of Title IX.
Miguel Cardona, Education Secretary, supports allowing biologically male transgender people to compete in women’s sports.
Schools would be given by the proposed regulation flexibility to identify their own important educational objective.
The new rules enable transgender elementary school students to participate on sports teams consistent with their gender identity.
K-12 schools, as well as colleges, universities, & other institutions that receive federal funding, will be covered by the proposed rule.
It’s expected that the proposed changes will be revealed in the spring of 2023.
