On April 6, the Department of Education and President Joe Biden’s Administration proposed a new rule regarding transgender athletes, which prohibits schools from enacting all-encompassing bans. However, it still permits schools to block certain transgender athletes from participating in sports teams that align with their gender identities. 

The proposal considers Title IX, declaring the explicit exclusion of transgender athletes in sports as unlawful. Title IX, passed in 1972 by President Richard M. Nixon, gives equal opportunity, including in sports, and bans sex discrimination in educational institutions that receive federal funding. 

According to the Department of Education, the proposal aims to further ensure equal opportunities in athletics and to provide “much needed clarity.”

Yet, the proposal would grant K-12 schools and universities the freedom to restrict transgender students from competing in sports teams if suspected that they may have an advantage over cisgender students. 

This marks the first time that the Biden Administration has involved itself in the discussion over transgender athletes.