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

  • Girl Sitting at Library Desk, Using Laptop

    How Campus Design Shapes the Finals Week Experience

    Academic performance is not just about preparation. It is closely tied to how students manage stress, maintain their energy, and shift between work and recovery modes. Much of that is influenced, directly or indirectly, by design.

  • Surging Demand for Student Housing Fuels Major Campus Investment Opportunities

    University leaders throughout the U.S. are accelerating plans to modernize and expand student housing as enrollment stabilizes and demand for on-campus living rebounds. Recent data from the National Center for Education Statistics indicates that total postsecondary enrollment is projected to grow through the end of the decade, with undergraduate enrollment alone expected to increase by more than 8 percent by 2030.

  • California K–12 District Finishes Renovations on Multi-Sport Stadium

    The Alameda Unified School District (AUSD) in Alameda, Calif., recently announced the completion of a renovation project on the Encinal Jr. & Sr. High School stadium, according to a news release. The district partnered with Quattrocchi Kwok Architects (QKA) and Bothman Construction on the facility, and funding came from Bond Measure B.

  • Spaces4Learning Launches 2026 Education Design Showcase Awards

    Spaces4Learning has opened submissions for the 2026 Education Design Showcase! The awards program launched in 1999 with the goal of celebrating innovative, practical solutions in the planning, design, and construction of K–12 and higher-education facilities. EDS recognizes new developments that help achieve optimal learning environments, as well as the architecture firms that brought the ideas to life.