The Department of Education Seeks Public Comment on Title IX Athletics Proposed Rule

On April 13, 2023, the Department of Education (Department) published Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria for Male and Female Athletic Teams. The Department proposes to amend its regulations implementing Title IX of the Education Amendments of 1972 (Title IX) to create a standard that would govern a recipient’s adoption or application of sex-related criteria that would limit or deny a student’s eligibility to participate on a male or female athletic team consistent with their gender identity. The proposed regulation would clarify Title IX’s application to such sex-related criteria and the obligation of schools and other recipients of Federal financial assistance from the Department that adopt or apply such criteria to do so consistent with Title IX’s nondiscrimination mandate.

Comments are due on May 15, 2023.

Read the proposed rule and submit comments.

Advocacy contact: Send an email to Rosalyn Steward at or call 202-205-7013.

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