Historic U.S. Department of Education Guidance Affirms the Rights of Transgender Students

May 13, 2016 - Today, the U.S. Department of Education released a historic letter to the nation's school districts that affirms that discriminating against transgender students is illegal under Title IX.

This detailed letter explains that schools and colleges have to ensure that transgender students are treated according to their gender identity in every aspect of school life. The letter, and accompanying Emerging Practices guide, covers name and pronoun use, confidentiality, harassment, participate in sports, application of dress codes, among other topics. The letter clearly states that all students have the right to full and equal access to restrooms and other facilities that match their gender.

Schools that don't follow these policies-including schools that exclude transgender students from restrooms consistent with their gender-are violating federal law, putting their federal funding at risk. Title IX overrides state laws like North Carolina's HB 2, which require schools to force transgender students into bathrooms that don't match their gender.

In response to this groundbreaking letter, NCTE Executive Director Mara Keisling said:

"We've seen over and over that transgender students who are included and respected can thrive at school. But this year, some legislators and anti-trans extremists have been encouraging schools to deny transgender students basic educational opportunities, by fanning baseless fears and cooking up confusion about what federal law requires. That's why transgender young people, their families and their schools have so desperately needed this guidance from the federal government. "

Policies that treat transgender students equally, including when it comes to restroom access, have been successfully tried and tested for years in thousands of schools around the country. But even though many schools have been doing the right thing without any threats to anyone's privacy or safety, too many transgender students continue to go to schools where they face discrimination, harassment and even violence. The Department of Education's policy letter is critical to protect the rights of all transgender students. Its release has been one of NCTE's highest policy priorities, one we have vigorously advocated for over the course of several years.

"For so many students, the Department of Education's letter is literally life-saving, " Keisling said. "It tells transgender students that they're not fighting against daily ignorance and exclusion alone: the federal government is prepared to fight right beside them to ensure that all schools are following the law. It tells them that they deserve to be treated with the same respect as everyone else-and that's something that's protected by law. The discrimination that transgender students face isn't going to vanish overnight, but this policy has real potential to push schools to improve their policies and change students' lives. "

For more background information about transgender students' experiences and successful transgender-inclusive policies, click here.

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