The United States Department of Education wants to stop states from categorically banning transgender athletes from participating in school sports.

In 2021, Alabama passed a categorical ban on transgender athletes participating in sports in K-12 schools. Lawmakers proposed an additional ban on transgender athletes playing on sports teams in public colleges and universities this week. HB261 would require collegiate athletes to compete on teams that align with the gender on their birth certificates.

If the new rule is adopted, restrictions would be allowed only if they serve “important educational objectives,” such as fairness in competition and reduction of injury risks.

Any limits would have to consider the sport, the level of competition and the age of students.

Elementary school students would generally be allowed to participate on any teams consistent with their gender identity, for example, while more competitive teams at high schools and colleges could add limits.

The federal agency stated in a press release that participation in school athletics is an important component of education that provides numerous benefits to students.

“Every student should be able to have the full experience of attending school in America, including participating in athletics, free from discrimination. Being on a sports team is an important part of the school experience for students of all ages,” said U.S. Secretary of Education Miguel Cardona.

“Beyond all the benefits to physical and mental health, playing on a team teaches students how to work hard, get along with others, believe in themselves, and build healthy habits that last a lifetime. Today’s proposed rule is designed to support Title IX’s protection for equal athletics opportunity. We welcome and encourage public comment on the proposed regulation and will continue working to ensure Title IX’s effective protection for all students.”

Only about 30 transgender athletes have competed openly in college sports, according to Insider Higher Ed.

After Biden took office in 2021, federal officials reiterated an Obama-era guidance that Title IX does protect LGBTQ students and said federal agencies would investigate reports of discrimination, such as a school excluding a transgender girl from a girls team or bathroom.

Multiple state legislatures pushed ahead with efforts to restrict transgender students’ access to bathrooms, sports and other educational programs.

A senior official with the Education Department said those bans would be against federal law if the proposed changes take effect, and added that any school or state that does not comply with the new rules would be investigated and could lose federal funding.

The Biden administration has made it a priority to bolster the rights of trans students. Last year it proposed a separate federal rule that for the first time would extend Title IX rights to LGBTQ students, broadly protecting them from discrimination in education.

That rule — which drew more than 240,000 comments from the public and sharp opposition from conservatives — is expected to be finalized as soon as next month.

Alabama Attorney General Steve Marshall criticized the proposed changes last year and joined 21 other states in filing a lawsuit against the Biden administration after the United States Department of Agriculture said it would require states that receive federal food assistance funds to update their policies to reflect the expanded Title IX protections.

“President Biden’s attempt to change the focus and meaning of Title IX is an attack on the rights of women and girls, threatening their safety and robbing them of vital opportunities. We will fight his proposed changes to Title IX with every available tool in our arsenal,” Marshall said at the time.

Sen. Tommy Tuberville also has opposed the inclusion of transgender athletes, and proposed a federal bill that would stop transgender people from competing in women’s sports.

When asked if they were concerned about challenges to rules proposed today, federal officials said their goal in offering this proposal is to satisfy the law and the full scope of what Congress has required.

The federal agency is opening its proposed rule to public comment for a 30-day period beginning this week.