The Department of Education is pursuing a rule-making process to determine how schools decide eligibility for boys and girls sports teams – an announcement made on Thursday when it made its proposal public. Expanding the scope of Title IXProtections against the background of countries restricting the participation of transgender athletes in competition.
Education Secretary Miguel Cardona said the decision was because the standards were “evolving in real time,” alluding to an increasing number of states passing law banning transgender girls and women competing in sports.
“The department recognizes that the standards for students to participate in boys and girls sports teams are evolving in real time,” he said on a call with reporters. “That’s why we decided to implement a separate rule on how schools can determine eligibility while maintaining Title IX’s non-discrimination guarantee.”
The issue is gaining new urgency after the Department of Education released a long-awaited update to federal Title IX rules banning sex-based discrimination in education. The proposed new regulations prohibit discrimination based on gender including discrimination based on sexual orientation and gender identity.
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The National Youth Law Center tracked nearly 200 state laws that were enacted in the last year restricting the teaching of gender identity, sexuality, racism, equality and so-called topics. otherwise “divide” or cancel the rights of LGBTQ students and their families by not allowing them to use the bathroom or play on sports teams that are consistent with their gender identity. And while most won’t escape the commission, GOP-controlled countries are pursuing different versions of them at breakneck speed.
As it stands, 18 states ban transgender students from participating in sports consistent with their gender identity, according to the Movement Progress Project, a nonprofit research organization.
“The tendency of state bills to exclude transgender students from athletics is the wrong solution when looking for a problem that doesn’t exist,” said leaders of hundreds of LGBTQ and civil rights advocacy groups. wrote in a open letter published on Wednesday. “For more than a decade, state athletic associations around the country have implemented eligibility policies to ensure transgender student athletes can compete in accordance with their gender identity. . Those inclusive policies have benefited all students, including girls and transgender women.”
They write: “There is no evidence that the participation of transgender girls and women affects levels of play in states with inclusive policies. “Moreover, girls’ athletic participation rates have increased or stayed the same in states with inclusive sports policies, while girls’ athletic participation rates have declined in states with policies in place. discriminatory.”
Supporters worry about the progress of a new rule-making process, arguing that if Republicans win the House and Senate in the upcoming midterm elections, they could use the process. congressional review to repeal regulations they consider unduly violated Title IX protections, which many Republicans in Congress have. accused the Biden administration of doing.
“To deliver on Title IX’s promise to protect all students, we urge the Biden administration to promptly confirm transgender students’ ability to participate fully in sports,” said Fatima Goss Graves. , president of the National Women’s Law Center, said in a statement.
Education Department officials said there is no timeline for the rule-making process regarding eligibility for men’s and women’s sports teams.
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