Biden admin releases new Title IX rules that bars states from banning transgender students competing in sports
The new guidelines give schools little flexibility to ban transgender athletes based on age and sport
The Biden administration released on Thursday new Title IX rules that bar schools that receive federal funding from enforcing policies that ban biological males from playing girl's sports.
The U.S. Department of Education proposed to amend Title IX in order to set out a standard that would "govern a recipient's adoption or application of sex-related criteria that would limit or deny a student's eligibility to participate on a male or female athletic team consistent with their gender identity."
The proposed regulation also would provide needed clarity on how schools can ensure that students have equal opportunity to participate on male and female athletic teams as required by Title IX.
"The proposed rule would establish that policies violate Title IX when they categorically ban transgender students from participating on sports teams consistent with their gender identity just because of who they are," a notice from the Department of Education states.
US President Joe Biden delivers remarks regarding student loan debt forgiveness in the Roosevelt Room of the White House on Wednesday August 24, 2022. Education Secretary Miguel Cardona joined. (Demetrius Freeman/The Washington Post via Getty Images)
SUPREME COURT ALLOWS 12-YEAR-OLD TRANSGENDER GIRL TO RUN GIRLS' TRACK IN WEST VIRGINIA
The proposed amendment provides that any transgender athlete denied or limited the opportunity to participate in a sport that is consistent with their gender identity must be "substantially related to the achievement of an important educational objective" and "minimize harms to students."
"Every student should be able to have the full experience of attending school in America, including participating in athletics, free from discrimination," U.S. Secretary of Education Miguel Cardona said. "Being on a sports team is an important part of the school experience for students of all ages."
However, the changes still give schools some flexibility to ban transgender athletes depending on age and sport.
"The proposed rule also recognizes that in some instances, particularly in competitive high school and college athletic environments, some schools may adopt policies that limit transgender students' participation," the notice continued.
There will be 30 days of public comment before the new rule would go into effect.
The Biden administration's move comes after the Supreme Court ruling on Thursday that a 12-year-old transgender West Virginia girl can compete on her middle school's girls' sports teams amid a lawsuit over a ban.
Secretary of Education Miguel Cardona in the Eisenhower Executive Office Building in Washington, D.C., Aug. 8, 2022. (REUTERS/Evelyn Hockstein)
Lawyers and representatives for Becky Pepper-Jackson had initially asked the Supreme Court to reject an emergency application from West Virginia lawmakers that would have allowed student-athletes to only play sports with and against those of their biological gender.
Meanwhile, the issue of biological males who identify as females competing against women in women's sports has garnered national attention.
Republican legislatures across the country have sought to protect women's sports by banning trans athlete participation on women's teams.
Penn transgender swimmer Lia Thomas speaks to her coach after winning the 500 meter freestyle during an NCAA college swimming meet with Harvard Saturday, Jan. 22, 2022, at at Harvard University in Cambridge, Mass. (AP Photo/Josh Reynolds)
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Kansas recently banned transgender athletes from girls' and women's sports from kindergarten through college.
The Kansas law takes effect July 1 and is among several hundred proposals that Republican lawmakers across the U.S. have pursued this year to impose restrictions on transgender athletes.
Kansas will join a list of 19 other states like Wyoming, Oklahoma, Florida, and Mississippi that have banned trans athletes from competing in women's sports.
The Associated Press contributed to this report.
Joshua Q. Nelson is a reporter for Fox News Digital.
Joshua focuses on politics, education policy ranging from the local to the federal level, and the parental uprising in education.
Joining Fox News Digital in 2019, he previously graduated from Syracuse University with a degree in Political Science and is an alum of the National Journalism Center and the Heritage Foundation's Young Leaders Program.
Story tips can be sent to joshua.nelson@fox.com and Joshua can be followed on Twitter and LinkedIn.
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