DoEd, DOJ Release Joint Guidance on the Civil Rights of Transgender Students

The Departments of Education and Justice release 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, harassment and abuse. based on sex.

Questions have arisen from school districts, colleges and universities, and others about transgender students and how to best ensure these students, and non-transgender students, are safe.

Under Title IX of the Education Amendments of 1972 (http://ow.ly/xr8S300dE2o), 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.

“Our federal civil rights law guarantees all students, including transgender students, the opportunity to participate equally in school programs and activities without sex discrimination as a core civil right,” said Department of Education Assistant Secretary for Civil Rights Catherine E. Lhamon. “This guidance answers questions schools have been asking, with a goal to ensure that all students are treated equally consistent with their gender identity.”

The guidance explains that when students or their parents, as appropriate, notify a school that a student is transgender, the school must treat the student consistent with the student’s gender identity. A school may not require transgender students to have a medical diagnosis, undergo any medical treatment, or produce a birth certificate or other identification document before treating them consistent with their gender identity.

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.

At the same time, the guidance makes clear that schools can provide additional privacy options to any student for any reason. The guidance does not require any student to use shared bathrooms or changing spaces, when, for example, there are other appropriate options available; and schools can also take steps to increase privacy within shared facilities.

In addition to the Departments’ joint Title IX guidance, the Department of Education’s Office of Elementary and Secondary Education also released Examples of Policies and Emerging Practices for Supporting Transgender Students (http://ow.ly/sKBy300dEcW), a compilation of policies and practices that schools across the country are already using to support transgender students.

The document shares some common questions on topics such as school records, privacy, and terminology, and then explains how some state and school district policies have answered these questions, which may be useful for other states and school districts that are considering these issues. In this document, DoEd does not endorse any particular policy, but offers examples from actual policies to help educators develop policies and practices for their own schools.

Info: http://ow.ly/EidV300dEiA (for the joint guidance).

About Frank Klimko

Frank Klimko is a nationally known journalist, grants expert and speech writer/speaker. He has years of experience helping nonprofits devise lists of the right funding opportunities and secure funding from these foundations and corporate entities. Clients have focused on an array of areas including child care, homeless, hunger and K-12 education. Additionally, he is a Freedom of Information Act expert, who has helped numerous clients with securing proprietary information from the federal government. Currently, Frank Klimko writes the Children & Youth Funding Report and Private Grants Alert, which are Washington DC-based publications. CYF is a daily publication covering Congress, the Education Dept. and the various federal regulatory agencies. PGA, another daily publication, covers the world of private philanthropy.
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