Proposed Title IX Regulations Affecting Athletic Team Eligibility

On April 13, 2023, the United States Department of Education (the "DOE") published proposed regulations intended to address participation of transgender students in school athletic programs. The proposed changes would revise existing rules under Title IX governing participation in men's and women's athletic programs. Since 1975, Title IX has required schools to provide equal opportunities for students regardless of sex. Said plainly by U.S. Secretary of Education Miguel Cardona, "Every student should be able to have the full experience of attending school in America, including participating in athletics, free from discrimination."

The proposed regulations would establish that school policies violate Title IX when they categorically ban transgender students from participating on athletic teams consistent with their gender identity. Additionally, the proposed regulations would allow schools to use sex-related criteria in their athletic eligibility policies when such