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

  • Los Angeles City College Breaks Ground on New Administration, Workforce Building

    Los Angeles City College (LACC) in Los Angeles, Calif., recently broke ground on a new $72-million administrative facility, according to a news release. The Cesar Chavez Administration and Workforce Building will stand four stories, cover 67,230 square feet, and play home to a wide variety of the school’s educational and administrative services.

  • Empowering People Through Smart, Sustainable Campuses

    Sustainability is facing increasing scrutiny, with some questioning its costs and priorities. Yet for universities, it remains an essential driver of resilience, operational efficiency and long-term competitiveness. At the same time, there is a growing recognition that sustainable transformation is not just about reducing energy consumption and emissions to comply with tightening regulations ‒ it’s about creating vibrant, comfortable environments where people can thrive, innovate and connect. For university leadership, this is a complex balancing act, with rising energy costs and limited budgets only adding to the challenge.

  • concentric silhouettes of a human head

    How Physical Space Shapes the Mind: Designing for Better Learning Outcomes

    Research in environmental psychology and neuroscience increasingly suggests that the way a room is designed can influence memory, focus, or even a student's sense of belonging.

  • South Texas K–12 District Debuts Region’s First Electric Bus Fleet

    The Valley View Independent School District in Pharr, Texas, recently announced a partnership with Highland Electric Fleets to launch the district’s—and the region’s—first fleet of all-electric school buses, according to a news release.

Digital Edition