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Justice for Trans Students: Feds Crack Down on Discrimination
The U.S. Departments of Justice and Education have released joint guidance to help schools ensure that all students, including transgender students, can attend school in an environment free from discrimination based on sex.
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.
"There is no room in our schools for discrimination of any kind, including discrimination against transgender students on the basis of their sex," said Attorney General Loretta E. Lynch. "This guidance gives administrators, teachers and parents the tools they need to protect transgender students from peer harassment and to identify and address unjust school policies. I look forward to continuing our work with the Department of Education – and with schools across the country – to create classroom environments that are safe, nurturing, and inclusive for all of our young people."
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."
"Every child deserves to attend school in a safe, supportive environment that allows them to thrive and grow. And we know that teachers and administrators care deeply about all of their students and want them to succeed in school and life," said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. "Our guidance sends a clear message to transgender students across the country: here in America, you are safe, you are protected and you belong – just as you are. We look forward to working with school officials to make the promise of equal opportunity a reality for all of our children."
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, and not to require students to use a name or pronoun that does not align with their gender identity;
Provide equal access to school programs, facilities and activities for all students, including transgender students, and not to limit their participation based on their gender identity;
Protect transgender students from bullying and harassment, and to take prompt action to address any incidents of bullying or harassment;
Comply with federal civil rights laws, including Title IX, and to ensure that all students, including transgender students, have equal access to education and opportunities.
The guidance is a step in the right direction towards creating a safe and inclusive environment for all students, particularly transgender students. As Attorney General Loretta E. Lynch said, "There is no room in our schools for discrimination of any kind".
Key Facts
- State: Federal
- Category: Sex Crimes
- Source: DOJ Press Release â†â€â€
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