ELC Comments on Title IX Proposed Rules Regarding Sex Discrimination in School Sports

In May 2023, Education Law Center PA submitted comments in response to the U.S. Department of Education’s proposed rule on sex discrimination in school athletics under Title IX of the Education Amendments of 1972. We support the proposed rule’s prohibition on categorical bans that would prevent transgender, intersex and nonbinary students from participating on teams aligned with their gender identity, and we support additional clarifications in the rule that would ensure K-12 students are not prevented from participation based on sex stereotypes.  This guidance is particularly important as transgender students in Pennsylvania are being targeted through proposed statewide legislation and multiple school districts considering or implementing policies that prevent students from participating in a school sports team, as well as other discriminatory policies. Playing sports is associated with higher grades and standardized test scores, and teaches students about teamwork and fosters connectedness to school community. All students deserve equal access to these benefits.