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Department of Education Publishes Proposed Regulation Governing Athletics Eligibility Based on Gender Identity

April 12, 2023

Via: JD Supra

On April 6, 2023, the U.S. Department of Education issued a proposed rule that would govern a school, college, or university’s ability to regulate participation by transgender athletes on teams designated “men’s” and “women’s.” The proposed rule, if ultimately adopted in its current form, would prohibit institutional policies that categorically ban transgender students from participating on sex-designated teams consistent with their gender identity. But it would allow schools to limit participation based on gender identity where such a limitation is “substantially related to the achievement of an important educational objective,” such as ensuring “fairness” in competition or preventing “sports-related injury.”

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