In April 2023, after years of sustained advocacy, the Department of Education proposed a new rule affirming that Title IX secures the right of transgender, non-binary, and intersex students to play school sports free from discriminatory rules that seek to ban them. This is the first time that the Title IX rules would address trans students’ eligibility to participate on sex-separated athletic teams.
The following is the full text of the proposed rule: If a recipient 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 harms to students whose opportunity to participate on a male or female team consistent with their gender identity would be limited or denied.
We understand that this new rule may be confusing and difficult to decipher, so NCLR has worked with partner organizations to create FAQs to answer all of your questions about what this new Title IX rule does and does not do.
