The Biden administration released on Thursday new Title IX rules that bar schools that receive federal funding from enforcing policies that ban biological males from playing girl's sports.
The U.S. Department of Education proposed to amend Title IX in order to set out a standard that would "govern a recipient’s adoption or application of sex-related criteria that would limit or deny a student’s eligibility to participate on a male or female athletic team consistent with their gender identity."
The proposed regulation also would provide needed clarity on how schools can ensure that students have equal opportunity to participate on male and female athletic teams as required by Title IX.
"The proposed rule would establish that policies violate Title IX when they categorically ban transgender students from participating on sports teams consistent with their gender identity just because of who they are," a notice from the Department of Education states.
SUPREME COURT ALLOWS 12-YEAR-OLD TRANSGENDER GIRL TO RUN GIRLS' TRACK IN WEST VIRGINIA
The proposed amendment provides that any transgender athlete denied or limited the opportunity to participate in a sport that is consistent with their gender identity must be "substantially related to the achievement of an important educational objective" and "minimize harms to students."
"Every student should be able to have the full experience of attending school in America, including participating in athletics, free from discrimination," U.S. Secretary of Education Miguel Cardona said. "Being on a sports team is an important part of the school experience for students of all ages."
However, the changes still give schools some flexibility to ban transgender athletes depending on age and sport.
"The proposed rule also recognizes that in some instances, particularly in competitive high school and college athletic environments, some schools may adopt policies that limit transgender students’ participation," the notice continued.
There will be 30 days of public comment before the new rule would go into effect.
The Biden administration's move comes after the Supreme Court ruling on Thursday that a 12-year-old transgender West Virginia girl can compete on her middle school’s girls' sports teams amid a lawsuit over a ban.
Lawyers and representatives for Becky Pepper-Jackson had initially asked the Supreme Court to reject an emergency application from West Virginia lawmakers that would have allowed student-athletes to only play sports with and against those of their biological gender.
Meanwhile, the issue of biological males who identify as females competing against women in women's sports has garnered national attention.
Republican legislatures across the country have sought to protect women’s sports by banning trans athlete participation on women’s teams.
Kansas recently banned transgender athletes from girls’ and women’s sports from kindergarten through college.
The Kansas law takes effect July 1 and is among several hundred proposals that Republican lawmakers across the U.S. have pursued this year to impose restrictions on transgender athletes.
Kansas will join a list of 19 other states like Wyoming, Oklahoma, Florida, and Mississippi that have banned trans athletes from competing in women's sports.
The Associated Press contributed to this report.
