Teaching Tolerance strives to ensure that schools are safe, welcoming and supportive places for all students. Today we celebrate a step forward in the march toward equity for transgender students. Why? The Obama administration has issued definitive guidance on transgender students’ rights and public schools’ legal obligations under Title IX of the Education Amendments of 1972. It spells out, among other key points, that public school districts must let transgender students use school facilities (such as bathrooms and locker rooms) that match their gender identity. The guidance is now live online.
In their Dear Colleague Letter on Transgender Students, the U.S. Departments of Education and Justice jointly spell out that public schools must ensure that transgender students are not discriminated against at school. It also states that the consequences of refusing to protect students from discrimination based on gender identity could result in the loss of federal funding and susceptibility to civil rights litigation. The letter states:
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 addresses topics beyond transgender students’ right to use school facilities that match their gender identity: It covers schools’ legal obligations under Title IX with regard to school climate, preferred pronouns and names, sex-segregated activities and facilities, and privacy and education records. In tandem with the letter, the Department of Education released “Examples of Policies and Emerging Practices for Supporting Transgender Students.” This document illustrates how schools can effectively support transgender students and identifies emerging best practices.
Why is this such an important day for transgender youth and advocates for school equity and inclusion? Because the barriers facing youth who do not fit gender binaries can tremendously harm their mental and physical health, as well as their school achievement. The 2013 GLSEN National School Climate survey found that transgender and gender-nonconforming students face more hostile school climates than their LGB peers do. According to the National Center for Transgender Equality, in 2015, 75 percent of transgender youth felt unsafe at school, and those who did not drop out altogether were more likely to miss school due to a safety concern, have significantly lower GPAs, and were less likely to plan for future education. It’s well past time to address these barriers and offer protections specifically designed to protect this vulnerable population of kids.
It’s also an important day because transgender rights are currently under attack. The issuing of the Dear Colleague Letter and “Examples of Policies and Emerging Practices” document comes just days after the U.S. Department of Justice filed a federal civil rights lawsuit against North Carolina, Governor Pat McCrory, the North Carolina Department of Public Safety and the University of North Carolina over House Bill 2—an anti-transgender, so-called “bathroom bill.” In her remarks announcing the lawsuit, Attorney General Loretta Lynch directly addressed the transgender community:
Some of you have lived freely for decades. Others of you are still wondering how you can possibly live the lives you were born to lead. But no matter how isolated or scared you may feel today, the Department of Justice and the entire Obama Administration wants you to know that we see you; we stand with you; and we will do everything we can to protect you going forward.
In honor of this important milestone, we’re doing an advanced release of our feature story “Being There for Nonbinary Youth” and its accompanying toolkit. This story is part of our forthcoming summer issue of Teaching Tolerance, slated for release on Tuesday, May 17.
Let’s work together to bring about a new reality in which transgender students’ isolation and fear at school are part of a bygone era. In addition to reading “Being There for Nonbinary Youth,” here are some additional steps you can take to support transgender students.
(Re)familiarize yourself with important terminology. Do you know the differences between sex, sexual orientation, gender identity and gender expression? This Teaching Tolerance feature story, webinar and poster break down the differences.
Take a deeper dive! Familiarize yourself and colleagues with the Dear Colleague Letter and “Examples of Policies and Emerging Practices for Supporting Transgender Students,” and continue reading research-driven best practices for supporting transgender youth all summer long.
Stay connected with Teaching Tolerance. During the summer, we’ll be releasing blogs that address transgender students’ rights and experiences at school—and how educators can best support this student population. Subscribe to our newsletter for updates.
Lindberg is a writer and associate editor for Teaching Tolerance.
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