Schools and colleges across the US would be banned from completely banning transgender athletes under a proposal released Thursday by the Biden administration, but teams could set some limits in certain cases, such as to ensure fairness.

The proposed rule is a political backlash to a wave of Republican-led states that have sought to ban trans athletes from participating in school sports that align with their gender identity. If finalized, the proposal would be included as a provision of Title IX, the groundbreaking gender equality legislation that came into effect in 1972.

However, it has to go through a lengthy approval process and is almost certain to face challenges from opponents.

The proposal comes on the same day the Supreme Court said a 12-year-old transgender girl in West Virginia could continue to compete on her high school track and cross-country teams as the legal battle over the state’s transgender law continues. The law bans transgender athletes from female teams.

All told, at least 16 states now have bans in place on at least interscholastic sports in high schools. Some also extend to intramural, club or college sports. Enforcement of bans has been suspended by courts in at least three states, and another has passed a ban that won’t take effect until July.

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Under the rule proposed by the Department of Education, no school or college receiving federal funding would be allowed to enforce a uniform policy that categorically prohibits trans students from playing on sports teams in accordance with their gender identity. Such a policy would be considered a violation of Title IX.

Still, it leaves room for schools to develop rules for team eligibility that could ultimately lead to restrictions around trans athlete participation.

That would only be allowed if it serves important educational objectives, such as fairness in competition and reduction of injury risk.

Any limits should take into account the sport, the level of the competition and the age of the students. For example, primary school students should generally be allowed to participate in teams that are consistent with their gender identity. More competitive teams in high schools and colleges could add limits, but they would be discouraged in teams that have no tryouts or cuts.

Every student should be able to get the full experience of going to school in America, including participating in athletics, free from discrimination, Bidens education secretary Miguel Cardona said in a statement.

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The Biden administration used fair competition as a criterion, which was part of the debate both in the US and globally. But officials offered no details on how this might be done.

Asked about the state bans now in effect, an official higher education department briefing reporter said on the condition of anonymity that Title IX is the law of the land and they would work to ensure it is enforced in all states.

A new Kansas law banning transgender athletes from all-girls and women’s sports from kindergarten through college goes into effect July 1. Bill Faflick, executive director of Kansas State High School Activities Assn., said his organization should review the administration’s proposal before commenting.

Critics argue that transgender athletes have an advantage over cisgender women in competition. Last year, Lia Thomas became the first transgender woman to win an NCAA swimming title. However, the university’s sports board adopted a sport-by-sport approach to transgender athletes in January 2022, which the organization needed to align with the U.S. and international Olympic committees, though the NCAA board recently decided it won’t be fully implemented until . 2023-24.

The NCAA did not immediately respond to an email requesting comment.

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At the same time, international sports governing bodies are enacting policies that prohibit all trans athletes from participating in track and field competitions and effectively ban trans women from swimming events.

Fatima Goss Graves, president and CEO of the National Women’s Law Center, said in a statement they were grateful for the government’s actions and would work to ensure “a final rule is created to further combat discrimination and misinformation , making it crystal clear that trans, non-binary, and intersex students are entitled to support, respect, and equal rights and opportunities.

But an advocate for cisgender runners condemned the proposal as a slap in the face to female athletes who deserve equal opportunities to participate in their sport.

The Biden administrations rewriting Title IX are demoting women and telling them their athletic goals and placements don’t matter, said Christiana Kiefer, senior counsel at Alliance Defending Freedom. She represented Connecticut runners who filed a lawsuit over the participation of two transgender girls in track and field events.

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

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

The new proposal doesn’t provide examples of acceptable limits that could be placed on school sports, but it clarifies that restrictions can’t just target trans students. Schools will be left to navigate that tricky legal terrain, knowing that any violation could lead to a federal civil rights investigation or lawsuit.

Schools that choose to impose limits should minimize the harm to students who miss out on sports opportunities, the proposal said. If a school can achieve objectives such as fairness in a less damaging way, the school may be found to be in violation of Title IX.

Preventing students from participating in sports teams that are consistent with their gender identity could stigmatize and isolate them, according to background information from the administration. This is different from the experience of a student who is not selected for a team based on their skills.

Schools that violate Title IX can be punished with a complete loss of federal funding, although no school has ever received that penalty.

___AP sportswriters Eric Olson in Omaha, Nebraska, and John Zenor in Birmingham, Alabama, and AP writer Pat Eaton-Robb in Hartford, Connecticut, contributed to this report. The Associated Press education team is supported by the Carnegie Corporation of New York. The AP is solely responsible for all content.