Department Of Education Proposes New Title IX Changes

A proposed rule change from the U.S. Department of Education last week would make comprehensive bans on transgender participation in athletics illegal- with some limitations. Title IX, which went into effect over 50 years ago, protects students from sex-based discrimination in schools that receive government funding.  

The Proposal

The proposed rule change would prohibit schools from adopting broad policies that ban transgender student athletes from competing. That rule, however, “does not apply in some instances, particularly in competitive high school and college athletic environments.”  

According to the Department of Education, some of the “acceptable instances” where schools are still allowed to enforce bans on transgender athletics are when the ban is part of an education mandate, to preserve the fairness and safety of competition, or if the school participates in “programs that minimize the harm” of transgender students.  

This rule change comes as 20 states have unveiled legislation that bans transgender athletes from competing on the same teams that are consistent with their gender identity. Before this proposal, there were no rules in place that prohibit states from enacting bans on transgender athletes. In addition, when Title IX was created in 1972, there was no legislation about transgender individuals.  

“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,” Education Secretary Miguel Cardona explained. 

What Does This Mean for Schools and Athletes?  

In several of the 20 states that have rolled out blanket transgender athletic bans, that legislation is now on hold. According to Axios news reporter, Orion Rummler who joined PBS news, Title IX will be investigating schools that refuse to comply with the proposed rule change if approved. The Education Department can withhold federal funding from that school until they are compliant.  

For students in Elementary school, the proposed change would make it very unlikely that any student would be denied the opportunity to play on a team consistent with the gender they identify with. As the child gets older, their athletic environment becomes increasingly competitive, therefore also increasing the chance they could be possibly banned.  

The reaction from transgender athletes has been mixed, with many applauding the move, while others are skeptical of the positive impact, if any that it will have. The proposed changes will be published in the “Federal Register” and is open for public comment for the next 30 days.  

Kokomo24/7® Can Help

With tools like our incident management system and anonymous reporting tip line at your fingertips, you can better manage student concerns and incidents related to Title IX violations in a timelier, safer and more effective manner. Kokomo understands that every school faces its own unique set of challenges and can provide a robust, yet easy to use software platform to help streamline your compliance with Title IX.   

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