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Biden Administration Accepting Public Comment on Proposed Change to Title IX Regulations on Student Eligibility for Athletic Teams

On April 13, 2023, the U.S. Department of Education posted for public comment a proposal to amend Title IX regulations that would set out a standard governing the adoption or application of sex-related criteria that would limit or deny a student’s eligibility to participate on athletic teams 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 that adopt or apply such criteria to do so consistent with Title IX’s nondiscrimination mandate.

The U.S. Department of Education is accepting public comment until May 15, 2023.

To submit formal comments to the U.S. Department of Education, click here.

To review this new proposed regulation, click here.

To review the fact sheet, click here.

To review our blog entitled, “U.S. Department of Education Issues Proposed Change to its Title IX Regulations on Student Eligibility for Athletic Teams,” click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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