As Title IX continues to evolve with each presidential administration, transgender students’ rights remain a dynamic part of the conversation. Title IX originally served as legislation to address issues like gender-based harassment, unequal access to sports, and sexual violence. Now, it plays a crucial role in protecting transgender students from discrimination in both K-12 schools and higher education. These protections, however, vary across states, as current Title IX regulations remain the center of ongoing injunctions.

Current Title IX Rulings

Biden’s Title IX rulings codified protections for both LGBTQIA and transgender students when they became finalized on April 19, 2024. This change would require schools to allow transgender students to use bathrooms and other facilities that align with their gender identity and to refer to students by their selected pronouns. Transgender students would also have access to Title IX measures and the grievance procedure to address discrimination related to gender identity, such as derogatory language, differential treatment, or harassment.

Controversy and Lawsuits

These updated protections led to more than half of the US blocking Biden’s rulings, citing that including gender identity in sex discrimination forces schools to defy their own beliefs about gender identity. Some of these contesting states created their own laws restricting transgender students’ rights, such as forbidding them to compete in sports teams that align with their gender identity, limiting which bathrooms they can use, and requiring schools to notify parents if their student identifies in school as transgender.

Transgender Student Participation in Athletics

One of the most contentious issues under Title IX is the participation of transgender students in sports, particularly within K-12. Opponents argue that allowing transgender athletes to compete in accordance with their gender identity may create an unfair physical advantage over their cisgender counterparts, especially in competitive sports, undermining opportunities for cisgender women and girls.

Advocates maintain that excluding transgender students from sports that align with their gender identity is a form of discrimination that denies them the full educational experience guaranteed by Title IX. They emphasize that policies excluding transgender athletes can exacerbate stigma, harm mental health, and alienate transgender students from school communities.

The Biden administration promised to create a plan for transgender athletes, but it was not included in the finalized 2024 regulations, leaving the future of transgender athletes’ participation in sports unknown. While the number of transgender athletes is incredibly small by all accounts, the issue remains an active item in the press, at Board of Education meetings, and in the political landscape.

Supporting Transgender Students in Title IX

With the evolving legal interpretations of Title IX and ongoing lawsuits challenging national protections for transgender students, K-12 and collegiate schools can still prioritize inclusive environments for transgender students. For many, state laws provide protections for transgender students that are as extensive as the 2024 regulations. Title IX professionals must navigate these complexities carefully, ensuring that transgender students are supported while complying with the ever-evolving legal framework. By fostering inclusivity through training and education, individualized support, and facilitating an open dialogue about these issues, schools can uphold the spirit of Title IX and ensure that all students have equal access to educational opportunities.

How We Can Help

For general up-to-date Title IX information and how it affects you and your institution, join us for Title IX Thursdays on the first Thursday of every month. For more information about our Title IX consulting services, including advising, hearing adjudication, and investigation, contact us at [email protected].