U.S. Departments of Education and Justice Release Joint Guidance to Help Schools Ensure the Civil Rights of Transgender Students
Today, The U.S. Departments of Education and Justice released joint guidance to
help provide educators the information they need to ensure that all students,
including transgender students, can attend school in an environment free from
discrimination based on sex.
The press release from USED states the following:
Under Title IX of the
Education Amendments of 1972, schools receiving federal money may not
discriminate based on a student’s sex, including a student’s transgender
status. The guidance makes clear that both federal agencies treat a student’s
gender identity as the student’s sex for purposes of enforcing
Title IX.
“No
student should ever have to go through the experience of feeling unwelcome at
school or on a college campus,” said U.S. Secretary of Education John B. King
Jr. “This guidance further clarifies what we’ve said repeatedly – that gender
identity is protected under Title IX. Educators want to do the right thing for
students, and many have reached out to us for guidance on how to follow the
law. We must ensure that our young people know that whoever they are or
wherever they come from, they have the opportunity to get a great education in
an environment free from discrimination, harassment and violence.”
You can continue reading the full press release here.
In short, the guidance also explains schools' obligations to:
- Respond promptly and effectively to sex-based harassment of all students, including harassment based on a student's actual or perceived gender identity, transgender status, or gender transition;
- Treat students consistent with their gender identity even if their school records or identification documents indicate a different sex;
- Allow students to participate in sex-segregated activities and access sex-segregated facilities consistent with their gender identity; and
- Protect students' privacy related to their transgender status under Title IX and the Family Educational Rights and Privacy Act.
Please review the following resources provided by the departments to help ensure that all students can enjoy a safe and discrimination-free environment in school: