Last April, the U.S. Department of Education released its Final Rule under Title IX, a federal law prohibiting sex-based discrimination in schools or school activities receiving federal funding. The “final regulations” include new language prohibiting discrimination and harassment on the basis of gender identity. 

Protecting trans students is essential. However, some parents and students may have concerns over the way these changes to the law may affect sex-separate athletics programs. 

Navigating a student's legal rights when these concerns arise can require a thorough understanding of the law. The Education Law Team at the Lento Law Firm could help by reviewing your case and explaining your potential legal options. Get started today by submitting our online contact form or by calling us at 888-535-3686. 

Recent Title IX Changes Avoid Issue of Sex-Separate Athletics 

As of this writing, the recent changes to Title IX don't address the issue of allowing trans students to participate in sex-separate athletics programs. The U.S. Department of Education plans to issue a separate rule addressing athletics at a later date. 

Some fear the law will require schools to allow trans students to participate in sports programs that have traditionally exclusively accepted members of the same biological sex. They worry allowing trans athletes to participate may, for instance, unfairly disadvantage biologically female students. 

Athletics can play a significant role in a student's current and future academic life. A student's performance on a sports team may, for example, influence whether they gain acceptance into the college of their choosing. Theoretically, biologically female student athletes might see their opportunities become limited if they're forced to compete against or alongside students who were born male. 

Biological Sex, Gender Identity, and Student's Rights: Reasons for Concern 

Virtually no one could convincingly argue that changing federal law to ensure public school districts can't discriminate against students on the basis of gender identity is a negative development in general. That said, research has shown that biological sex can have a significant impact on inherent athletic ability. 

Many individual biologically female student-athletes can certainly outperform their biologically male counterparts. That said, studies reveal that, on average, biologically male athletes perform better than biologically female students of the same age and training in events relying on speed, strength, and other such qualities. 

Some states and districts have policies in place to accommodate the needs of trans students while still accounting for biological sex when determining who can participate in sex-separate athletics programs. Depending on future developments, federal law could theoretically override these rules and laws. Districts that don't comply with federal law may lose funding. 

Title IX Changes and Sex-Separate Athletics Programs: A Developing Story 

None of this is meant to be alarmist. Remember, Title IX updates addressing the matter of gender identity discrimination and athletics programs are still upcoming. 

Students may have legal options if their schools don't comply with the new rules. On the other hand, athletes who feel the new rules disadvantage them may also have valid legal cases. 

One of the best ways to determine whether you have legal options in these complex scenarios is to review your case with an attorney. At the Lento Law Firm, a member of our Education Law Team can discuss your case if you think your rights (or the rights of your child) have been violated. Find out more by calling us at 888-535-3686 or contacting us online.