OCR Releases Proposed Rule Updating Title IX on Student Eligibility for Athletics
Originally posted to our Title IX Insights blog.
On April 6, the Department of Education Office for Civil Rights (OCR) released its much-anticipated proposed Title IX rule on the eligibility of students for participation in athletic programs based on their gender identity. The proposed rule, which has garnered a great deal of attention over its application to transgender students, would prohibit schools and colleges that receive federal financial aid from categorically banning students from participating in sports programs based on their gender identity. At the same time, the proposed rule would provide some flexibility for schools and colleges to determine their own sex-related eligibility criteria for more competitive programs, provided that the criteria fit within the rule’s framework.