The Biden administration proposed a new federal rule change that would limit educational institutions from banning transgender students from participating in team sports, while providing a framework of eligibility criteria for schools to follow.

This policy, advanced under Title IX, which prohibits sex-based discrimination, would apply to public K-12 schools, and any colleges and universities that receive federal funding, according to a statement by the Department of Education.

This proposition comes as 20 states have passed bans on transgender youth from participating in sports, although temporary court injunctions blocked the enforcement of the bans in Utah, Idaho, West Virginia and Indiana.

Biden’s proposed rule would allow schools to restrict transgender students from participating in competitive high school and college sports but says they cannot apply a “one-size-fits-all” policy. Schools will have to account for “the sport, level of competition, and grade or education level,” while minimizing harm, the statement said.

But the education department also took note of schools that offer “no cut” teams, where everyone who applies makes the team, and intramural and junior varsity teams, where less experienced upperclassmen are allowed to participate.

Meanwhile, transgender elementary school students should be able to participate in sports teams that are consistent with their gender identity, the education agency said, adding, that “it would be particularly difficult for a school to justify excluding students immediately following elementary school.”

It also coincides with the Supreme Court rejecting an emergency request to reinstate West Virginia’s transgender athlete sports ban, according to The Hill.

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The policy has received criticism from Republicans. House Speaker Kevin McCarthy, R-Calif., on Twitter labeled the Biden administration’s latest move as “anti-women.”

“Protecting women’s sports is essential, and Republicans will not let the admin dismantle Title IX,” he said.

GOP 2024 presidential candidate Vivek Ramaswamy also chimed in on Twitter, calling the Education Department a “toxic agency” and vowing to “shut it down without apology.”

The department stated that it received over 280 live comments and over 30,000 written comments from students, parents, teachers, administrators and others during a nationwide public hearing held by the Office of Civil Rights. The Associated Press reported that the proposed rule will go through “a lengthy process” before being enacted.

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