Speaking to Politico regarding the U.S. Department of Education’s proposed rule on athletic eligibility under Title IX, NSBA Chief Legal Officer Francisco M. Negrón, Jr. discussed key questions facing school boards.

“Schools may be asking themselves what is the interplay between a state law and a federal regulatory requirement that has the force of law?” Negrón said. “What kinds of enforcement might the federal government be planning to impose?”

Negrón noted that school districts will have to navigate state law, interscholastic athletic association regulations, and potential legal challenges from their states. Such litigation would incur costs to school districts that would come out of their general revenue funds, which are classroom dollars. “That’s a very real concern for school districts trying to navigate the new landscape,” he said.

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