On May 15, 2023, APA Services submitted comments (PDF, 388KB)opens in new window in response the Department of Education’s notice of proposed rulemaking Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria for Male and Female Athletic Teamsopens in new window. The proposed rule would amend Title IX regulations to articulate a standard that would govern federal financial assistance recipients' adoption or application of sex-related criteria that would limit or potentially deny a student's eligibility to participate on male or female athletic teams consistent with their gender identity.
APA Services’ comments expressed support for the adoption of the proposed rule. If enacted, it would clarify that Title IX’s sex discrimination protections apply to transgender, nonbinary, and intersex students. It also rejects blanket bans on transgender students’ participation in school athletics. The association urged continued reliance on psychological science, research and data when developing education and civil rights policy and requested greater clarity on sex-eligibility criteria that school districts would be able to implement.
The advocacy office also sent out an action alert to APA members, inviting them to amplify the association’s comments by submitting their own individual comments. A total of 1,266 comments were submitted by APA members, elevating the voice of psychology on this key issue.
The department’s proposed regulatory review comes at a particularly troubling time for our nation’s LGBTQ+ students. In 2022, nearly 82% of LGBTQ+ students ages 13–21 reported feeling unsafe while at school last year, and 68% said they felt unsafe specifically because of their sexual orientation and gender identity or expression. 11% reported that school staff or coaches had prevented or discouraged them from playing sports because they identified as LGBTQ+.
For more information, contact Leo Rennie.
