Alert

Trump on Education: Transgender Women in Sports

February 7, 2025

Issues related to education in the country were not widely discussed during the most recent presidential election, yet they remain central to ongoing policy debates. On February 5, 2025, President Donald Trump signed an executive order addressing one of the most contentious and debated educational issues: the participation of transgender women in sports. The order, titled Keeping Men Out of Women’s Sports, noted that it would be the policy of the United States to “rescind all funds from educational programs that deprived women and girls of fair athletic opportunities” and “oppose male competitive participation in women’s sports.” In effect, the order bans transgender women from competing in women’s sports at federally funded institutions.

The order aligns with legislation enacted in at least 18 states that have passed similar laws restricting transgender participation in sports. In 2022, the Louisiana legislature passed the Fairness in Women’s Sports Act, which prohibits individuals assigned male at birth from competing in women’s sports and vice versa. Lawmakers cited concerns over potential violations of Title IX and “biological differences between males and females” as key justifications for the Act. Similarly, in August 2024, a judge in Ohio upheld a comparable law, the Saving Adolescents from Experimentation (SAFE) Act, ruling that it was constitutional.

The executive order is part of a series of policy initiatives issued in the early weeks of the new administration that could significantly impact the educational landscape. In the last week of January, the Department of Education issued a letter directing educational institutions to follow the Title IX guidance enacted during President Trump’s first term. A few days earlier, the President issued an executive order which expressly stated that his administration would “support parents in choosing and directing the upbringing and education of their children.” The order also directed multiple federal agencies to evaluate and propose funding mechanisms that provide parents with greater control over their children’s education rather than being restricted by geographic school assignments.

These measures have an immediate impact on Title IX, as the Department has stated that existing guidance must be followed for all ongoing investigations. In the long term, this could have significant implications for federal education funding, particularly the Individuals with Disabilities Education (IDEA) Act which provides grants to support free and appropriate public education for students with disabilities. Additionally, these orders may affect Title I of the Elementary and Secondary Education Act, which provides financial assistance to schools serving children from low-income families to help close achievement gaps.

The executive orders and directives undoubtedly mark the beginning of a broader effort to reshape education policy in the United States. As changes unfold, universities, colleges, school districts, charter schools, and local education agencies must remain informed about potential shifts in federal funding allocations and their impact on educational programs and student services.

As we’ve seen with other recent executive orders, these actions are expected to face legal challenges. McGlinchey’s Education team is monitoring this activity and stands ready to provide guidance and support as institutions navigate these developments.