Education Department Docket ED-2022-OCR-0143 Proposed Rule

2023-07601: 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

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Summary

The U.S. Department of Education (Department) proposes to amend its regulations implementing Title IX of the Education Amendments of 1972 (Title IX) to set out 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 (referred to below as "recipients" or "schools") that adopt or apply such criteria to do so consistent with Title IX's nondiscrimination mandate.

The agency’s own summary, as published.

What this changes

Amends 1 part of the Code of Federal Regulations — the standing rules this notice rewrites.

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