NY Regents put off proposal to let high school boys play girls' sports. Why they punted

The New York board that sets education policy for the state was set to vote Tuesday on a controversial proposal to allow high school boys to compete in girls-only sports such as field hockey and flag football.

But the Board of Regents has punted, at least for now.

The proposed rule change was omitted from an agenda posted Friday for the board's September meeting. A spokesman for the state Education Department confirmed afterward that the vote had been tabled, pending further review of a flood of public comments on the proposal.

The Education Department had put forth the proposal and recommended that the Regents support it.

"The Department has tabled the mixed competition regulation for the September 2024 Board of Regents meeting," spokesman JP O'Hare said in an emailed statement to the USA Today Network. "The Department is reviewing and responding to the hundreds of comments it received and expects additional stakeholder engagement. The Department anticipates bringing the regulation back to the Board in the coming months."

The statement gave no further indication when the board might act or whether the proposal could be modified. The 17-member Board of Regents meets monthly and its next two-day session is Oct. 7-8.

State athletic administrators group called proposal 'irresponsible'

Under the proposal, boys would be allowed to compete for spots on girls' teams in sports that have no equivalent boys' teams. So it wouldn't affect two-gender sports such as soccer, basketball, track and lacrosse. But it would give boys an opportunity to play softball, field hockey, volleyball (at schools that don't have boys' teams) and flag football, a growing sport for girls since making its debut two years ago.

The gender-neutral policy also would do the reverse, enabling girls to try out for boys' teams. But what has made it controversial — and alarmed school administrators — was the prospect of girls losing spots on their teams to bigger, stronger boys or get injured by playing beside them. School districts could be exposed to lawsuits as a result, critics said.

The proposal stemmed from a 2022 complaint from a girl student, who said she had been forced to meet unfair requirements to play football for her Bronx private school. The Education Department held meetings last October to discuss gender mixing on sports teams and presented the proposed policy change to the Board of Regents, who introduced it at their May meeting and scheduled a vote on it for September.

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Two statewide groups that took part in October's meetings had responded with sharp criticism, demanding the proposal be modified or scrapped altogether. The state Athletic Administrators Association said in its written comments that "the mandate is unnecessary, irresponsible, and an infringement upon girls' sports during a time when their chosen sports are being invaded by politics."

The proposal didn't pertain to transgender athletes, who already are entitled under New York's anti-discrimination laws to choose the gender with which they will play school sports.

State Education Department officials had said their proposal reflected their commitment to "providing athletes of all genders equal opportunities to play and participate in extra class athletic activities."

"This includes promoting equality between separate male and female athletic programs and encouraging mixed gender teams," the department wrote in its summary of the rule changes. "The Department believes this is an important step in ensuring equality."

Chris McKenna covers government and politics for The Journal News and USA Today Network. Reach him at cmckenna@gannett.com.