Transgender Students and the “Bathroom Bill”

In May of 2016 the U.S. Department of Education and the U.S. Department of Justice issued guidance to schools regarding transgender students.  The "Dear Colleague" letter outlined obligations and explained how they would evaluate a school's compliance.  States are working to balance privacy and safety with concerns about nondiscriminatory access to public facilities, including bathrooms.

In response to an increasing number of questions from parents, teachers, principals, and school superintendents about civil rights protections for transgender students, The U.S. Department of Education and the U.S. Department of Justice letter states that "Title IX of the Education Amendments of 1972 (Title IX) and its implementing regulations prohibit sex discrimination in educational programs and activities operated by recipients of Federal financial assistance. This prohibition encompasses discrimination based on a student's gender identity, including discrimination based on a student's transgender status."  The letter also states that "As a condition of receiving Federal funds, a school agrees that it will not exclude, separate, deny benefits to, or otherwise treat differently on the basis of sex any person in its educational programs or activities unless expressly authorized to do so under Title IX or its implementing regulations."

In August, a federal judge in Texas issued a nationwide injunction blocking federal government agencies from taking action against school districts that don't follow federal guidance issued on transgender bathroom policies in schools.  At question is the definition of sex and/or gender.  Nineteen states have considered legislation in 2016 that would restrict access to multiuser restrooms, locker rooms, and other sex-segregated facilities on the basis of a definition of sex or gender consistent with sex assigned at birth or "biological sex."  The departments' letter defines gender identity as "an individual's internal sense of gender," and says "a person's gender identity may be different from or the same as the person's sex assigned at birth." 

More information on legislative actions and the outcomes of court cases in your state can be found on the National Conference of State Legislatures website, "Bathroom Bill" Legislative Tracking.

Featured

  • FAU Starts Construction on Holocaust and Jewish Studies Building

    Florida Atlantic University recently began construction on a new academic building for its campus in Boca Raton, Fla., according to university news. The Kurt and Marilyn Wallach Holocaust and Jewish Studies Building will stand two stories, measure in at 22,000 square feet, and play home to the university’s Holocaust education and Jewish studies programs.

  • North Texas School District Completes Third New Elementary School

    The Denton Independent School District in Dallas, Texas, recently finished construction on its third prototype design elementary school, Reeves Elementary, according to a news release.

  • Countway Library at Harvard Medical School

    From Shadows to Sanctuary: The Transformation of Light at Countway Library

    The renovation of Countway Library at Harvard Medical School demonstrates how biophilic design and advanced lighting strategies transformed a formerly dark, insular space into a vibrant, welcoming hub that supports wellness, learning, and community engagement.

  • UCNJ Launches $30M Modernization of Physical Education Center

    The Union College of Union County (UCNJ) in Cranford, N.J., recently broke ground on a new $30-million modernization project for its Physical Education Center (PECK), according to a news release. The college partnered with DIGroup Architecture for the project’s design, transitioning the existing 42,000-square-foot structure into a campus hub for student athletics and campus life.

Digital Edition