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

  • nursing students talk while studying in a hallway

    Elsevier Launches VR Simulation Solution for Nursing Students

    Elsevier has introduced Shadow Health Lab with Virtual Reality, a simulation platform that allows nursing students to interact with virtual patients and build clinical judgment skills in a safe, realistic environment.

  • University of Rochester to Break Ground on New Student Life Center

    The University of Rochester in Rochester, N.Y., recently began construction on a new Student Life building, according to a news release. The first floor will contain campus-wide gathering, program, and rehearsal space; the second floor will play home to the Greenbaum Center for Jewish Life.

  • Wyoming District Breaks Ground on New Elementary School

    Laramie County School District #1 in Cheyenne, Wy., recently held a groundbreaking ceremony for the upcoming Mountain View Elementary School, according to a news release. The facility has an estimated completion date of summer 2028, and it will have the capacity for 650 students in fifth and sixth grade.

  • RIT Saunders College of Business – Lowenthal Hall Addition

    RIT Saunders College of Business – Lowenthal Hall Addition

    Established in 1999, the Education Design Showcase is a vehicle for showing off innovative — yet practical — solutions in planning, design, architecture, and construction. RIT Saunders College of Business's Lowenthal Hall Addition has been recognized with an EDS 2026 Project of Distinction award in the category of New Construction.