U.S. Department of Education aims to prevent exclusion of transgender athletes

The U.S. Department of Education released a proposal for new regulations regarding the participation of transgender student athletes in school sponsored sports. The proposed regulations would not explicitly mandate schools […] The post U.S. Department of Education aims to prevent exclusion of transgender athletes appeared first on Indianapolis Recorder.

U.S. Department of Education aims to prevent exclusion of transgender athletes

The U.S. Department of Education released a proposal for new regulations regarding the participation of transgender student athletes in school sponsored sports.

The proposed regulations would not explicitly mandate schools allow transgender students to participate in every athletic activity, but it would require them to adopt an eligibility criteria that allowed for their inclusion as much as possible. Under the new regulations, schools and governing athletic bodies would be expected to consider all relevant factors when creating their policies around transgender athletes and seek to minimize harm.

“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” said the Press Office for the U.S. Department of Education. “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.”

Under these regulations transgender students in lower grades or seeking participation in non-competitive sports should generally be allowed to play with teams that match their gender identity according to the Department of Education. However, in situations where competition is at the forefront of the activity, schools can adopt stricter participation criteria.

This announcement comes on the heels of several states passing their own laws banning the participation of transgender students, particularly transgender girls, from school sponsored sports. Indiana passed such a law back in 2022 and several other red-states are seeking to do the same.

The regulations proposed by the Department of Education would fall under Title IX, a federal law, meaning they would supersede any state law and would apply to any academic institution receiving federal funding. The update to the law would apply to both K-12 schools and institutions of higher education.

Though this issue is often debated because of its impact on competition U.S. Secretary of Education Miguel Cardona, says the new regulations are more about the experience and growth of the individual student.

“Every student should be able to have the full experience of attending school in America, including participating in athletics, free from discrimination. Being on a sports team is an important part of the school experience for students of all ages,” said Cardona. “Beyond all the benefits to physical and mental health, playing on a team teaches students how to work hard, get along with others, believe in themselves, and build healthy habits that last a lifetime. Today’s proposed rule is designed to support Title IX’s protection for equal athletics opportunity.

The Department of Education has opened the proposed regulation up for public comment for 30 days.

Contact Indy Kids Winning Reporter Andrew Pillow at andrewp@indyrecorder.com. Follow him on Twitter @AndrewPillow.

Andrew’s work is supported through a partnership between Indy Kids Winning and the Indianapolis Recorder. Visit indykidswinning.com to learn more.

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