Massachusetts Interscholastic Athletic Association

Massachusetts Interscholastic Athletic Association

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Gender and Participation

Summary

Public schools that provide athletic opportunities for its students are required to follow both state and federal laws to ensure equitable opportunities for students of different sexes or genders.

Schools with specific questions about gender equity and their own athletic program should work with their district’s legal representatives to ensure compliance with all laws.

Schools at the local level are responsible for determining eligibility of students who want to participate in its athletic program. The MIAA acknowledges that for school administrators understanding how each of these statutes inform local decision making is challenging. Drawing upon Title IX, ERA and M.G.L. c. 76, sec. 5 and the relevant case law, the MIAA offers several guidelines to assist school districts on gender-based issues and fielding mixed gender teams

As the laws and interpretive case law continue to evolve, MIAA will also endeavor to respond with information and guidance to its members, and revisit its rules as necessary in response to changes in the law. School districts are encouraged to work with their local legal counsel on individual cases.

A brief overview of the laws that impact gender equity, particularly as it relates to fielding mixed gender teams and the inclusion of transgender or non-binary students in athletic programs is presented herein.

Title IX

Equal Rights Amendment

M.G.L. c. 76 sec. 5

43. Gender and Participation

  • No student shall be denied in any implied or explicit manner the opportunity to participate in any interscholastic activity because of gender.
  • If a school offers a girls’ team and a boys’ team in a particular sport (including offering the same sport in two different seasons), it may restrict eligibility based on gender.
  • A student shall not be excluded from participation on a gender-specific sports team that is consistent with the student’s bona fide gender identity.
  • Nothing in this policy shall be read to entitle a student to selection of any particular team or to permit a student to transfer from one gender-specific team to another team of a different gender during a single sports season.
  • It is a recommended best practice that schools communicate with their opponents as necessary about the gender-specific needs of their team in order to promote inclusion – e.g., to ensure that appropriate locker room facilities are available, that announcer use athlete’s correct pronouns, etc.