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

  • LAN, Inc. Opens Office in College Station, Texas

    Lockwood, Andrews & Newnam, Inc. (LAN) recently announced the opening of a new office in College Station, Texas, to support its regional client base, according to a news release. The organization provides engineering, design, and program management services for water, wastewater, transportation, stormwater, and education clients in the Brazos Valley.

  • DFW-Area District Opens New Replacement Middle School

    The Eagle Mountain-Saginaw Independent School District near Fort Worth, Texas, recently held a ribbon-cutting ceremony for a new replacement middle school campus, according to a news release. The new facility for Wayside Middle School, originally established in 1964, was built on the site of the former district administration building and funded through Bond Proposition A in 2023.

  • Doerr School of Sustainability Accelerator

    From Concrete Warehouse to Innovation Hub: Accelerating Sustainability at Stanford

    The transformation of a once windowless, concrete publishing warehouse into a sun-drenched center for global innovation began with a single, fundamental challenge: how to turn an industrial storage shell into a space built for human connection.

  • 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.