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1 1 (June 23, 2023)

handle is hein.crs/govemak0001 and id is 1 raw text is: Congressional_ R' fesearch Service Transgender Athletes: Education Department Proposes Amendment to Title IX Regulations June 23, 2023 Title IX of the Education Amendments of 1972 (Title IX) bars discrimination on the basis of sex in education programs that receive federal financial assistance. Long-standing regulations implementing Title IX provide that recipients may not discriminate based on sex in athletics programs, although schools may operate sex-segregated teams in certain circumstances. The Department of Education (ED)'s Office for Civil Rights (OCR) recently issued a Notice of Proposed Rulemaking (NPRM) that seeks to amend its Title IX regulations. If adopted, the proposal would prohibit categorical bans on transgender students participating in sports consistent with their gender identity but would allow some restrictions that-for each grade level, sport, and level of competition-are substantially related to an important educational objective and are aimed to minimize harm. The NPRM follows a July 2022 proposal to amend ED's Title IX regulations more broadly, including to (1) alter a school's responsibilities in cases of sexual harassment and (2) define the scope of Title IX's prohibition against sex discrimination to include discrimination based on sexual orientation and gender identity. According to ED, it expects to finalize both proposed rulemakings by October 2023. These proposals also follow Bostock v. Clayton County, a 2020 Supreme Court case that interpreted a statutory ban on sex discrimination in the employment context under Title VII of the Civil Rights Act of 1964. In Bostock, the Court determined that sex discrimination in that context includes discrimination based on sexual orientation and gender identity. This Sidebar first provides the general context for the recent NPRM, starting with a brief background on Title IX, the Court's decision in Bostock, as well as developing approaches to the participation of transgender athletes in competitions at the state, national, and international level. The Sidebar then examines the NPRM and its potential implications for schools and their athletics programs, concluding with considerations for Congress. Background: Reach of Title IX and Athletics Regulations All public school districts receive some federal financial assistance, as do most institutions of higher education through participation in federal student aid programs. As a result, both must comply with Title IX and its implementing regulations. Congressional Research Service https://crsreports.congress.gov LSB10983 CRS Legal Sidebar Prepared for Members and Committees of Congress

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