On April 6, 2023, the U.S. Department of Education Office for Civil Rights published an unofficial version of its Notice of Proposed Rulemaking (NPRM) on Title IX Sex-Related Eligibility Criteria for Male and Female Athletic Teams. This NPRM states that if a recipient of federal funds adopts or applies sex-related criteria that would limit or deny a student’s eligibility to participate on a male or female team consistent with their gender identity, such criteria must, for each sport, level of competition, and grade or education level: (i) be substantially related to the achievement of an important educational objective, and (ii) minimize harms to students whose opportunity to participate on a male or female team consistent with their gender identity would be limited or denied.
In this 30-minute briefing with slides, NACUA members Janet Judge (Education & Sports Law Group) and Joseph Storch (Grand River Solutions, Inc.) along with Shannon Minter (National Center for Lesbian Rights) will offer a brief overview of the proposed regulations.