On April 6, the Department of Education Office for Civil Rights (OCR) released its much-anticipated proposed Title IX rule on the eligibility of students for participation in athletic programs based on their gender identity. The proposed rule, which has garnered a great deal of attention over its application to transgender students, would prohibit schools and colleges that receive federal financial aid from categorically banning students from participating in sports programs based on their gender identity. At the same time, the proposed rule would provide some flexibility for schools and colleges to determine their own sex-related eligibility criteria for more competitive programs, provided that the criteria fit within the rule’s framework.
While the draft document released by OCR contains 114 pages of preamble commentary, which provides an in-depth discussion and analysis of the background and language of the proposed rule, the rule itself is brief, proposing a short paragraph addition to the Title IX regulations at 34 CFR § 106.41, which pertains to athletics. Continue Reading OCR Releases Proposed Rule Updating Title IX on Student Eligibility for Athletics