BREAKING: Department of Education Withdraws Proposed Title IX Athletics Rule
Title IX Athletics Eligibility Rule Withdrawn Amid Legal Challenges and Public Feedback
Washington, DC – December 20, 2024 – The U.S. Department of Education has officially withdrawn its notice of proposed rulemaking titled "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: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," which was published in the Federal Register on April 13, 2023. This decision effectively terminates the ongoing rulemaking process for the proposed regulation under Title IX of the Education Amendments of 1972.
The proposed rule, identified by Docket ID ED-2022-OCR-0143 and RIN 1870-AA19, aimed to set a regulatory standard for how educational institutions could apply or adopt sex-related criteria affecting student eligibility in sports teams based on gender identity. It stipulated that any such criteria must be substantially related to achieving an important educational objective while minimizing harm to students whose participation might be limited or denied.
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During the 30-day public comment period, the Department received over 150,000 comments. Responses varied widely, with some supporting the regulation, others suggesting modifications to allow broader participation, particularly at elementary and secondary levels, and many opposing it outright. Concerns were raised about the clarity and complexity of implementing the proposed regulation, leading to suggestions for alternative regulatory language or complete withdrawal.
The decision to withdraw comes amidst multiple ongoing lawsuits concerning Title IX's application to gender identity and athletic eligibility. Education Secretary Miguel Cardona noted that due to these legal challenges and the diverse feedback from the public, the Department has chosen not to proceed with regulation at this time.
The withdrawal does not preclude the possibility of future regulation; should the Department decide to revisit this issue, a new notice of proposed rulemaking would be issued following the procedures outlined in the Administrative Procedure Act.
In the meantime, the Department will continue to enforce existing Title IX athletics regulations at 34 CFR 106.41 and will apply the standards set by the U.S. Department of Health, Education, and Welfare's 1979 policy interpretation on Title IX and intercollegiate athletics.
For further information or to request the document in an accessible format, contact Bianca Costello at the U.S. Department of Education. The notice will be officially published in the Federal Register on December 26, 2024, and can be accessed online at federalregister.gov or govinfo.gov.
Once again, the Federal government needs to get the HELL out of education. Not one of them is qualified to teach. Not one of them could last in a classroom for two days let alone a week. They have no idea what the teachers have to do just to survive a day. Inner city schools are even worse. I did my student teaching in one. It was an education all on its own.
Interesting since Trump plans to end the Federal Department of Education. Wondering what will happen with all of their regulations? Especially since they won't exist to enforce thier rules.