Biden admin's proposed Title IX regulation would not allow for blanket sex-based segregation in school sports

A U.S. Department of Education Title IX regulation proposal would not allow for schools and universities that receive federal funding to segregate sports in a blanket manner based on biological sex, though it would allow for sex-segregated sports when certain conditions are met.

"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," the proposal reads.

The proposal "would apply to public K-12 schools, as well as colleges, universities, and other institutions that receive federal funding," a press release states.

The proposed regulation comes as societal debate continues to rage over issues such as whether males who identify as females should be permitted to play on girls' and women's sports teams. Some states have enacted laws banning males from competing in school sports designated for females.

"Under the proposed regulation, schools would not be permitted to adopt or apply a one-size-fits-all policy that categorically bans transgender students from participating on teams consistent with their gender identity," according to a press release.

"Instead, the Department's approach would allow schools flexibility to develop team eligibility criteria that serve important educational objectives, such as ensuring fairness in competition or preventing sports-related injury. These criteria would have to account for the sport, level of competition, and grade or education level to which they apply. These criteria could not be premised on disapproval of transgender students or a desire to harm a particular student. The criteria also would have to minimize harms to students whose opportunity to participate on a male or female team consistent with their gender identity would be limited or denied," the department noted.

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