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Regents Make Good Choice Delaying Gender Neutral Sports

The state Board of Regents quietly delayed approval of a regulation that would have approved more gender neutral sports in New York’s high schools.

It was a good decision to do so – and we hope the delay is lengthy.

There was no explanation for the delay nor discussion at the most recent Board of Regents meeting, though a state Education Department spokesperson said the delay was prompted by the amount of comments received during the 60-day public comment period over the summer.

There is a lot of general unease among many members of the general public with the regulations, which would have required an opportunity for boys and girls to participate on a team if it is not offered for their gender. Gender would be identified by the student. For many smaller schools, the regulations could open the door for boys to play sports only offered for girls, like volleyball.

The regulations also would end the Tanner Test, which evaluates young athletes’ level of bone growth, hormonal changes and muscle development that their body has gone through or still needs to go through. In its place would be a variety of considerations, including if an athlete is likely to be injured during contact sports, including age, kinematics/biomechanics, body composition, previous injury; grade of competition; training load (hours per week); position played; competition or practice; strength; player experience; whether the sport includes checking, tackling or body contact; and environmental factors.

In our view the problem with the regulations as written is the boatload of unintended consequences the state is creating. The desire to open the door for girls who are able to play contact sports like football is admirable, but should be more limited in scope in order to keep the playing field level for other sports.

It’s not uncommon for public comment to be disregarded when the concerns of the public run counter to the government’s stated goals. Given the public comment on the gender neutral sports regulations, we hope there are changes to the regulations presented – and another public comment period for those with concerns.

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