- The Biden administration's proposed rule would provide Title IX protections
- No institution receiving federal funding would be permitted to implement a "one-size-fits-all" policy
- Numerous conservative organizations criticized the proposal
The Biden administration proposed on Thursday a new federal rule change that would allow schools to enforce some restrictions on transgender student-athletes.
However, the administration opposes policies that "categorically" prohibit transgender students from participating in gender-specific sports teams.
Biden Urges to Change Title IX Regulation
According to a public notice from the US Department of Education, "the proposed rule would establish that policies violate Title IX when they categorically prohibit transgender students from participating on athletics teams consistent with their gender identity solely because of who they are."
The rule change comes as Republican-led states continue to promote various anti-trans measures, including legislation to prevent transgender students from participating in sports teams that correspond to their gender identity.
According to CBS News, Thursday's announcement signifies Biden's administration's most significant action to combat such efforts. Nonetheless, LGBTQ advocates had a divided reaction, with some organizations stating that the proposed guidance does not go far enough.
Secretary of Education Miguel Cardona emphasized that "participating on a sports team is an integral component of the educational experience for pupils of all ages." According to a Department of Education press release, the rule would provide a "framework" for devising eligibility criteria.
If implemented, the proposition would become a provision of Title IX, the landmark legislation enacted in 1972 for gender equality. However, it must undertake a lengthy approval procedure and will almost certainly face opposition.
New Transgender Regulation Opposed by Conservative Groups
Many conservative groups have opposed the plan, arguing that the president lacks the legal authority to amend Title IX, Fox News reported.
Cardona has supported permitting biologically male transgender individuals to compete in women's athletics. During his confirmation hearing, he stated that it is "vital" that educators and school systems "respect the rights of all students, including transgender students," and that all students should participate in extracurricular activities.
If finalized in their present form, the regulations would pit the Biden administration against several states, including Florida, Kansas, and Wyoming, that have enacted laws requiring students to compete based on their biological sex, regardless of gender identity.
These laws, which have been enacted almost exclusively by Republicans, are necessary, according to their proponents, to ensure equity in athletics, particularly in women's sports programs. While the new regulations prohibit sex-specific requirements for elementary school programs, they permit schools to implement sex-based eligibility requirements for high school and college athletics.
For older athletes, the proposed rule states that to implement sex-specific eligibility criteria; schools must attempt to satisfy "an essential educational objective" and "minimize harms" to student-athletes who would be prohibited from competing based on their gender identity.
To meet these requirements, the rule stipulates that schools must consider the "nature of the sport" when devising restrictions, which may vary depending on the distinctions between sports. When limiting athletic participation, schools must also consider the degree of competition of the program.
When it unveiled its primary Title IX regulation in June of last year, the department announced that it would undertake a separate Title IX rulemaking process for athletics. This rule, anticipated to be finalized in the coming months, rolled back several changes made to the application of Title IX by Betsy DeVos and the Trump administration.
The most significant alteration was the addition of gender identity to the Title IX prohibition on sex-based discrimination. Conservative activists were eager to critique the newly proposed regulation by the department.
Nicki Neily, the president of the parent activist group Parents Defending Education, said in a statement to the Washington Examiner that the new rule would have the practical effect of requiring schools to allow biological males to compete at all levels in women's sports programs because school districts would err on the side of allowing transgender athletes to compete based on their gender identity.
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