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

  • Designing Third Spaces That Do What AI Can't

    In 2026, education is evolving faster than ever. With AI reshaping everything from lesson planning to personalized instruction, schools and universities are turning their attention to what AI can’t replicate: spaces that foster collaboration, community, and creativity.

  • Barbara Vick Western Branch

    Barbara Vick Western Branch

    Established in 1999, the Education Design Showcase is a vehicle for showing off innovative — yet practical — solutions in planning, design, architecture, and construction. The Barbara Vick Western Branch has been recognized with an EDS 2026 Grand Prize award in the category of Renovation.

  • Construction Begins on New University Research Vessel

    Boat-building company All American Marine recently announced that it has begun construction on a new catamaran research vessel for the University of Texas Marine Science Institute (UTMSI) in Port Aransas, Texas, according to a news release.

  • USC Launches Major AI Initiative After $200M Gift

    The University of Southern California in Los Angeles, Calif., recently announced that it has launched a “transformational” new AI initiative thanks to a $200M gift, according to a news release. The project will leverage AI toward breakthroughs and innovations in subjects like the health sciences, business, security, and the arts.