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

  • Greenheck Debuts New Energy Recovery Ventilator

    Greenheck recently released a new energy recovery ventilator, the ERVi, designed for small indoor spaces like basements and mechanical rooms, according to a news release. The hardware can fit through a 30-inch door and be mounted on the ceiling for retrofit and decarbonization projects.

  • ed tech conference calendar

    Upcoming Awards, Events & Webinars

  • Boosting Student Wellness and Safety Through Indoor-Outdoor School Spaces

    Engaging students through facilities designed for indoor and outdoor learning and activities reflects a growing awareness of how children learn and thrive, with educators recognizing the importance of getting outside and disconnecting from technology. And, as today’s youth grapple with the urgent mental health crisis of increased anxiety and loneliness fueled by both the pandemic and technology, along with a related crisis in youth physical health, the wellness benefits of getting outside have never been so palpable.

  • Cedar Crest College to Build Criminal Justice Facility

    Cedar Crest College recently announced it will create a new Expert Witness Training Center and Crime Scene Lab for its campus in Allentown, Pa., according to a news release. The college is one of eight in the country to have earned Forensic Science Educational Programs Accreditation Commission (FEPAC) accreditation for its undergraduate and graduate programs.