According to The Washington Post, the proposed regulatory updates to Title IX will specifically prohibit discrimination against transgender students. If finalized, experts believe the new regulations will conflict with the laws in a growing number of states that have imposed restrictions for transgender student-athletes. It is anticipated that the new regulations would specifically prohibit discrimination on the basis of “sex stereotypes,” and “sex related characteristics” including sexual orientation and gender identity.
As the NPRM becomes finalized, the Department of Education received comments regarding the scope of Title IX and its application to transgender individuals. “Under Title IX, every student who wants should be able to play [sports] and feel welcome as who they are,” said Amit Paley, the Chief Executive of the Trevor Project. Several advocacy groups, former collegiate athletes, and women’s sports groups also voiced their opposition to enhanced Title IX protections for transgender students. Many allege that broadening Title IX would put cisgender female students and athletes at greater risk of discrimination, while others believe transgender athletes place cisgender female athletes at a competitive disadvantage.
ICS expects the NPRM to be released sometime in May given that OIRA currently has EO 12866 meetings scheduled for review of the draft NPRM into mid-May. (For more information on the OIRA review stage of the NPRM, see our February 22 blog on this topic).
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