Last week the Biden Administration published proposed regulations that would prohibit schools from adopting or enforcing policies that keep transgender students from participating on teams based on their gender identity. Any school that participates in a program or activity that receives federal financial assistance will have to comply with a final rule. This likely applies to all public schools, most higher education institutions and may apply to private secular institutions. The proposal refers to the liability schools face if they don’t ultimately comply.
At this point, this is strictly a proposal and the issuing department is taking public comments. Wisconsin Institute for Law and Liberty recommends that Wisconsin schools not change their policies to “comply” with the proposed rules until the rules are finalized and published. Helpful resources are available at will-law.org.
