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U.S. Department of Education Proposes Changes to Title IX Regulations Regarding Transgender Athletes in Sports

Women in Higher Education

    Publications
  • May 2023

Nina Gupta wrote an article in Women in Higher Education on the U.S. Department of Education's proposed change to Title IX regulations regarding transgender students and athletics.

"The notice of proposed rulemaking (NPRM) on athletic eligibility under Title IX prohibits schools from imposing outright bans on transgender athletes playing on sex-segregated teams in accordance with their gender identity," she wrote. "But in a surprise to many observers, the NPRM offers multiple avenues for schools to restrict participation of transgender athletes, citing concerns about competitive fairness and safety in athletic competition." 

"The NPRM, while still allowing sex-segregated athletic teams, states that if a school 'adopts or applies sex-related criteria that would limit or deny a student’s eligibility to participate on a male or female team consistent with their gender identity, such criteria must, for each sport, level of competition, and grade or education level: (i) be substantially related to the achievement of an important educational objective; and (ii) minimize harm to students whose opportunity to participate on a male or female team consistent with their gender identity would be limited or denied.'"

Subscribers can read the full article here: U.S. Department of Education Proposes Changes to Title IX Regulations Regarding Transgender Athletes in Sports

Women in Higher Education is a monthly journal providing strategies and news for women who serve as campus leaders.