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NYTimes
New York Times
6 Apr 2023


NextImg:School Sports Cannot ‘Categorically’ Ban Transgender Athletes, Under Biden Title IX Proposal

The Biden administration on Thursday waded into the highly charged debate over transgender athletes, announcing a proposed rule change under Title IX that would prohibit schools from “categorically” banning transgender students from athletic teams that are consistent with their gender identities.

But the proposal would also offer flexibility to K-12 schools and universities to limit the participation of transgender students when including them could undermine “fairness in competition” or potentially lead to sports-related injuries. Title IX prohibits sex discrimination at educational institutions that receive federal funding.

“Every student should be able to have the full experience of attending school in America, including participating in athletics, free from discrimination,” Miguel Cardona, the U.S. Secretary of Education, said in a statement.

The Department of Education said the proposal was meant to offer “much needed clarity” about how public schools, as well as colleges and universities, should handle an issue that has led to intense and often vociferous debate, particularly when it comes to the question of women’s sports.

Under the proposed rules, which must undergo a period of public comment, elementary school students would generally be able to participate in school sports consistent with their gender identity. But for older students, questions of fairness and physicality could come into play.

The impact could also vary across numerous sports, ranging from track to badminton.

“They would need to take into account the specific sport,” a senior official with the U.S. Department of Education said on Thursday.

This is a developing story and will be updated.