Transgender Students in School Athletics

In a 2017 study conducted by the Human Rights Campaign, it was discovered that only 24% of LGBTQ+ youth participate in school athletics compared to the University of Michigan's national sample of all youth showing 68% participation in school athletics. This 44% disparity is concerning for several reasons. Not only have sports been shown to greatly reduce rates of depression and suicide among all students, but studies by the National Federation of State High School Associations (NFHS) have shown how participation in athletics also improves the psychological and physiological development of youth. 

Student-athletes gain higher emotional intelligence when interacting with others, better self-understanding and self-confidence, and a lifelong commitment to fitness. Only about 6% of all High School athletes will ever compete in D1 college-level athletics, after this only 2% of those move on to compete in professional athletics (NCAA). It is clear that the priority of High School athletics is the personal development of youth and not just about competition. Only 0.003% of Transgender students go on to continue athletics at the collegiate level, making up only 0.006% of all NCAA athletes even when transgender people represent 5% of the population(HRC)(NFHS)(Brink Meghan)(PEW Research). Despite all of this, legislators across the country have pushed forward bills limiting transgender student’s participation in athletics, claiming transgender girls are dominating the competition and taking cisgender spots on teams. Based on the statistics above it is clear that transgender student-athletes are not dominating anything. In fact, they are drastically underrepresented in athletics. 

Some legislators make claims that transgender students shouldn’t be allowed to participate because of “biological advantages''. This is not only not true, it also completely forgets the purpose of school athletics. Research has shown that hormone replacement therapy is effective in leveling the playing field for athletics. In addition, it must be noted that the hormone levels of transgender people during transition are more carefully monitored than those of a cisgender athlete. In fact, many female Olympic athletes have tested with high levels of testosterone.   

Statements claiming that transgender student-athletes are cheaters who want to dominate women’s sports aren’t supported by evidence, lack an understanding of the purpose of school athletics and are ultimately harmful to transgender and gender-expansive youth. Given that 86% percent of transgender youth have considered suicide, it is simply irresponsible that legislators want to block these students from participating in an activity proven to improve mental health (Austin, Ashley et al.). 

Legislative Breakdown:

Any understanding of national legal regulations around LGBTQ+ participation in sports must start with Title IX. Title IX was passed in 1972 to give protection to women competing in sports.

Title IX states:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

In March of 2021, President  Biden issued Executive Order 14021 requiring the Department of Education to review and amend Title IX to protect LGBTQ+ students’ participation in athletics. In April of 2024 the new version of title IX was released and it will go into effect on August 1st 2024. Amendments were made to section 106.31 expanding the scope of sex based discrimination to include gender identity. Section 106.41 regulates exceptions to section 106.31 relating to athletics. This section however, didn’t have any consequential changes. Therefore under section 106.41, Title IX currently allows for separation on the basis of sex in federally sponsored athletics. The US Department of education plans to issue a new separate rule outlining regulations in sex-separate athletic teams, although this has not been released yet.

The Colorado Civil Rights Commission issued Rule 81.9 which states: 

“All covered entities shall allow individuals the proper use of gender-segregated facilities that are consistent with their gender identity. Gender-segregated facilities include but are not limited to, restrooms, locker rooms, dressing rooms and dormitories.” 

This rule only protects the use of gender-segregated facilities and doesn’t provide any protection for general participation in athletics. Because of this, all regulations for transgender athlete's ability to participate in athletics have been determined by Athletic Associations. CHSAA is the largest High School Athletic association in Colorado representing most public and private schools in Colorado. 

Under CHSAA bylaw 300:

“Member schools shall ensure that all students have equal access and opportunities to participate in activities and athletics without unlawful discrimination based on disability, race, creed, color, gender, sexual orientation, religion, age, national origin, or ancestry.”

This requires that schools allow transgender students to participate in athletics. Although this does protect a student’s right to participate in athletics, it does not protect their ability to participate in the division that aligns with their gender identity. Information about this is more clearly laid out in their regulations for Transgender Students.

CHSAA Regulations for Transgender Students:

“The Colorado High School Activities Association recognizes the right of transgender student- athletes to participate in interscholastic activities free from unlawful discrimination based on sexual orientation. In order to ensure appropriate gender assignment for purposes of athletic eligibility, a transgender student-athlete's home school will perform a confidential evaluation to determine the gender assignment for the prospective student-athlete. The CHSAA will review athletic eligibility decisions based on gender assignment of transgender student-athletes in accordance with its approved policies and appeals procedures.”

There are three main important points to take out of this:

1. Under Colorado law, transgender students must be allowed to participate in school athletics. The school has the right to determine the gender of the student participating (on the basis of athletic competition). The student and their parent/guardian must contact the school notifying them that the sex assigned at birth is different than their gender identity. 
2. The school will make a decision based on registration information provided by the student and a written statement by the student stating their gender identity. They can also use documentation from other individuals (parents, guardians, or teachers) affirming the student, written verification from a physician (doctor, therapist, psychologist, psychiatrist), or medical documentation of transition procedures undergone. If it was provided to the school, all information used in the process must be kept confidential to be in line with FERPA regulations. 
3. The last part explains how CHSAA will deal with appeals and disagreements from students and families or other schools. They largely determined that the student has the right to transition back to the division that aligns with the sex they were assigned at birth. In the rare case of an appeal, CHSAA will intervene and make their own ruling.

CHSAA also requires that Colorado schools:

• DO use correct name/pronouns
• DO educate staff, teachers, and coaches about LGBTQ+ identities and inclusion
• DO NOT ask unwelcome questions about a student’s gender identity
• DO NOT intentionally out students 
• DO NOT deliberately use the wrong name/pronouns
• DO NOT use slurs or other offensive language 

Although these are some of the best policies for LGBTQ+ students in the United States there are a few notable limitations:

1. Gender-fluid students are required to select a gender they will compete in, and they aren’t allowed to change to represent their gender identity. 
2. Non-binary and gender-expansive students also don’t have a category to compete in, they are required to just choose which binary-gendered category they feel most comfortable competing in. 
3. Many of their policies aren’t enforceable. Of course, it would be great if every coach, teacher, and administrator used correct pronouns and was accepting, although, frankly this isn’t reality and very likely there will be no actions taken to discipline unaccepting adults at student schools. 

What You Can Do: 

As a Coach You Can: 

• Avoid making assumptions about the identities of your students
• Use pronoun circles at the beginning of your season to allow students to introduce themselves
• Whenever possible avoid separation by gender and gendered language
• Call out Transphobia you hear on your team
• Work with your school admin to ensure your athlete can compete in a competition that aligns with their gender identity
• Educate yourself about their identity, many transgender students don’t want to always explain themselves to everyone around them it is YOUR job to learn about them(if they express that they want to explain things to you, then, of course, listen to them)
• Understand you will make mistakes, but that is all a part of the process and make sure you apologize and work to be better next time.

As an Athletic Director, You Can:

• Ensure that all coaches at your school understand LGBTQ+ topics
• Be up to date with legislation for Transgender Students so they can come to you
• Encourage Transgender and Gender Expansive Students to participate in athletics at your school

As a School Administrator, You Can:

• Ensure that school policies support Transgender inclusion on campus
• Ensure that your Athletic Director and Coaches are aware of how to create inclusive environments for queer students. 

As an Ally Athlete You Can:

• Advocate to your coaches if you see a way that a policy on your team could be more inclusive for LGBTQ+ students
• Stand up when you hear Transphobia on your team
• If you know a Transgender Athlete on your team make sure they are included in team activities.
• Learn the rights of transgender athletes and stand up for them

As a Transgender Athlete You Can:

• KNOW YOUR RIGHTS, there is legal protection for you to compete so don’t let a misinformed official or coach stop you from participating
• Find your community on the team, having a supportive community on your team can help make advocating much easier
• If you face challenges, advocate to a trusted adult, coach, counselor, teacher, or admin at your school. 
• If this doesn’t work you can submit a complaint to the Office of Civil Rights, CHSAA, or your District. 

Resources:

• ‍athleteally.org → Athlete Ally is an organization that advocates for LGBTQ+ athletes.
• ‍GLSEN’s Changing the Game → GLSEN’s Changing the Game programs are for students, teachers, and coaches to learn how to create acceptance on sport teams.
• ‍On The Team: Equal Opportunity for Transgender Students Athletes → GLSEN report on the state of athletics with recommendations for coaches.
• ‍transathlete.com → Excellent resource to learn more about your legal protections as well as ways to improve inclusivity.
• ‍americanprogress.org/article/fair-play/ → Article about why trans kids should play in school sports.
• ‍Outsports.com → Resource for queer athletes, providing inspiration about prominent current queer athletes.
• ‍Leading the Way: Working with LGBTQ Athletes and Coaches → Comprehensive guide for coaches (written for Canadian context, some information is not relevant). 
• ‍HRC’s Play to Win→ Resource about the current state of athletics for Queer youth; valuable for aiding in advocacy. 
• ‍nclrights.org/our-work/discrimination/sports/ → Legal Support for LGBTQ+ discrimination in sports.
• ‍youcanplayproject.org/resources/ → You Can Play is an advocacy group focused on LGBTQ+ inclusion in sport. 
• CHSAA resources