Add as a preferred source on Google

Transgender Students and the “Bathroom Bill”

  • By Deb Moore
  • 09/19/16

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

  • Different Starting Points, Same End Goal

    Higher education campuses can enhance student experience by implementing mobile credentials to streamline building access, on-campus payments, and access to other amenities. This enables students to connect to their campuses through the technology they use most: their mobile devices.

  • textured paper collage shows a school building on fire as a fire truck sprays water into the flames

    Why a Fire Loss Is More than Flames

    We've all seen what fire damage can do to a property, but the types of damage building owners often encounter after a fire loss can exceed expectations. Having full awareness of the different forms of damage properties can sustain helps owners respond faster, reduce continued damage, and get back on the road to recovery in short order.

  • Three U.S. Universities Install Acre Security Access Control Platform

    Cloud-native physical and digital security solutions company Acre Security recently announced that it has deployed its access control platform at three major universities in the U.S., according to a news release. Acre partnered with Atrium Campus to provide coverage for more than 69,000 students at the University of Virginia (UVA), George Mason University, and Rockhurst University.

  • UNL Kiewit Hall

    Designing for Engineering Excellence: Integrating Sustainability and Wellness at UNLs Kiewit Hall

    Kiewit Hall at the University of Nebraska-Lincoln exemplifies how academic institutions can integrate sustainability and wellness into modern learning environments. With an integrated and collaborative team approach, Kiewit Hall addresses enhanced learning and creativity, physical health, and mental wellness, and fosters a sense of community through innovative design, operations, and policy solutions.

Digital Edition