Sara GrasFollow



Download Full Text (450 KB)


Media is loading


This episode picks up where the last left off – about 50 years ago – when Title IX's enactment changed education and athletics for women and girls in some big ways. But this 50 year old statute and implementing regulations were not created with trans and non-binary students in mind. Messaging on how schools must create and adapt policies with these students in mind, including rules about athletic participation, has been inconsistent and confusing. To help address this, amendments to the regulations have been proposed. If these changes are finalized, there will certainly be improvements for trans kids in school, but it is not clear that their opportunities to participate in school athletics will be fully protected.

I discussed my thoughts and concerns about the agency language surrounding the proposed rule changes extensively in my interviews and share some excerpts of those conversations with three of them in this episode:

Kim Yuracko (Faculty Profile)
Judd and Mary Morris Leighton Professor of Law, Northwestern Pritzker School of Law
Work referenced:

  • Kimberly A. Yuracko, One for You and One for Me: Is Title IX's Sex-Based Proportionality Requirement for College Varsity Athletic Positions Defensible, 97 N.W. UNIV. L. REV. 731 (2002).

Erin Buzuvis (Faculty Profile)
Associate Dean for Academic Affairs and Professor of Law, Western New England School of Law
Works referenced:

Dara Purvis (Faculty Profile)
Associate Dean for Research and Partnerships & Professor of Law, Penn State Law

Other reports, articles, statutes, rules, rulemaking documents, cases, and administrative materials referenced in this episode:

Reports and Articles

Statutes, Regulations, & Rulemaking Documents


  • Bostock v. Clayton, 140 S. Ct. 1731 (2020)
  • Price Waterhouse v. Hopkins, 490 U.S. 228 (1989)
  • Barnes v. City of Cincinnati, 401 F.3d 729 (6th Cir. 2005)
  • Schwenk v. Hartford, 204 F.3d 1187 (9th Cir. 2000)

Administrative Materials

Publication Date



Education Law | Law and Gender

Episode 4: Title IX