(LEX 18/AP) — The U.S. Department of Education proposed a rule that would allow some restrictions on transgender athletes but not a full ban altogether.
It reads "Under the proposed regulation, schools would not be permitted to adopt or apply a one-size-fits-all policy that categorically bans transgender students from participating on teams consistent with their gender identity."
The proposed rule, which still faces a lengthy approval process, establishes that blanket bans, like those that have been approved in at least 20 states, would violate Title IX, the landmark gender-equity legislation enacted in 1972. But schools could still adopt policies that limit transgender students' participation, particularly in more competitive high school and college sports.
Under the proposal, it would be much more difficult for schools to ban, for example, a transgender girl in elementary school from playing on a girls' basketball team. But it would also leave room for schools to develop policies that prohibit trans athletes from playing on more competitive teams if those policies are designed to ensure fairness or prevent sports-related injuries.
"Giving a school the opportunity to say 'hey, this is what we allow, this is what we want, and here are the rules that everybody is gonna with' is going to work better for everybody else," said Dawn Wilson, an athlete and coach.
Wilson has been a fencer since 2004 and started coaching in 2014. She doesn't believe that one group has athletic advantages over another but says anyone can bring their own advantages to a competition.
"So, what I would tell somebody who's running around saying they have an advantage is, 'What is your training?' How do you train?'" Wilson said. "Maybe it's something that you're not doing right. Maybe it's not something that's an advantage, and if somebody has an advantage, then you should figure out what you can do to leap that advantage."
Wilson says being an athlete can be a transforming experience, no matter your gender. She explains that there is value in youth participating in sports, saying it not only improves physical health but also mental health.
"This is what we're talking about," Wilson said. "This is the value of it. Making young people feel valued, making them not feel like they're something other... that's what sports is here for."
The U.S. Department of Education heard from several groups during its review process. The fact sheet states that more clarity is needed especially regarding how schools can meet the nondiscrimination requirements for Title IX.
