A Capehart Scatchard Blog

NJSIAA Revises Transgender Policy

By on November 28, 2017 in Students with 0 Comments

On November 15, 2017, the New Jersey State Interscholastic Athletic Association (“NJSIAA”) announced changes to its policy affecting transgender student athletes. Under the new policy, the NJSIAA simply defines a transgender student as a student whose gender identity differs from the student’s sex assigned at birth.

The new policy allows transgender students to participate in sports in accordance with either their birth sex or their gender identity, but not both. The old policy required documented proof of a change in gender identity, such as a physician’s certification. In contrast, the revised policy does not require medical consultation.

A school may appeal the transgender student athlete’s eligibility if it believes the student’s participation would adversely affect competition or safety. The Eligibility Appeals Committee of the NJSIAA will hear such an appeal through a confidential process. However, such an appeal will not address a challenge to the school’s determination of the student’s sex-assignment.

The new policy also allows the NJSIAA to consider a transgender student’s use of a banned substance as a medical reason for a positive drug test if the use is for the purposes of hormone therapy.

Finally, the NJSIAA’s new policy only applies to students who have declared their transgender status. For those transgender student athletes who later no longer identify as transgender, the new policy can no longer apply to them.

You can read the full NJSIAA policy here.


Tags: , , , , ,

About the Author

About the Author:

Sanmathi (Sanu) Dev, Esq. concentrates her practice on the representation of boards of education and charter schools in all areas of school law including: labor and employment, special education, Section 504, student discipline, FERPA, Anti-Bullying Bill of Rights Act, student residency, civil rights, tenure, OPRA, and OPMA. In connection with these representations, she is experienced in handling matters before State and Federal courts, including the Office of Administrative Law. Ms. Dev is an experienced special education litigator and defends school districts in due process hearings from inception through trial. In addition, she has handled matters before governmental agencies, including the U.S. Office for Civil Rights and New Jersey Division on Civil Rights. Ms. Dev routinely conducts training and seminars, drafts policies and manuals, and provides strategic advice to school administrators regarding school law issues. Ms. Dev was recently recognized as one of South Jersey’s Awesome Attorneys as published by South Jersey Magazine. She is licensed to practice law in New Jersey, the District Court for the District of New Jersey and Pennsylvania.


Post a Comment

Your email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.