Biden's Title IX Protections for Transgender Athletes and Students

The Biden administration has proposed a rule that would allow schools to block some transgender athletes from competing, including to prevent sports-related injuries and to ensure fairness in competition, but would prohibit outright bans. The proposal, which still needs to undergo a period of public comment and additional revision before it is finalized, will give the Education Department the ability to investigate cases of discrimination and to withhold federal funds if a school is found to be in violation of the rule. The age of the students, the level of fairness, and the nature of the sport would be among the considerations schools would be required to make as they assess athlete eligibility. The proposal could directly challenge several state laws, particularly those that seek to ban transgender students at all ages from participating in the sports that match their gender identity.