While the letter to be sent to all US school districts isn’t legally binding, it notifies them of the Obama administration’s interpretation of what they are required to do under federal gender discrimination laws, implicitly carrying the threat of a lawsuit or federal funding cut-off for school districts or colleges that don’t comply.
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The news comes just days after the state of North Carolina was sued by the us government over House Bill 2, which bars transgender individuals from going into a bathroom that doesn’t match their birth gender.
The White House says federal agencies won’t withhold money for North Carolina while a legal fight plays out over the state’s law on gay, lesbian and transgender rights.
“A school may not require transgender students to use facilities inconsistent with their gender identity or to use individual-user facilities when other students are not required to do so”, a copy of the letter provided to the Times reads.
“Transgender youth are already at heightened risk of experiencing violence, bullying, and harassment, and North Carolina’s action exacerbates those risks by creating a hostile environment in one of the places they should feel the safest”, said HRC Legal Director Sarah Warbelow.
Under federal law, Title IX, schools that receive federal funding are not allowed to discriminate against students on the basis of sex.
Dan Patrick called for the resignation of the Fort Worth schools superintendent for implementing guidelines that allow transgender students to use the bathroom and locker room of their choice. “The Departments have resolved Title IX investigations with agreements committing that school staff and contractors will use pronouns and names consistent with a transgender student’s gender identity”.
HB2 passed during a special legislative session in late March in order to bar Charlotte’s city council from letting transgender people use public bathrooms that correspond to their gender identity – not necessarily their birth sex.
The decree will include a 25-page document that details the transgender policies for districts across the country.
He has previously said that he would welcome transgender people such as Caitlyn Jenner to use female restrooms at his Trump Tower in NY. A Portsmouth spokeswoman said the division’s policy review committee likely will discuss guidelines and policies adopted by other divisions, those recommended by the Virginia and national school boards groups and applicable law.
Those included installing privacy curtains or allowing students to change in bathroom stalls, according to the report.
Amid a national debate about transgender people’s access to restrooms, the Obama administration will send guidelines to public schools on Friday saying they can not discriminate against transgender students in a wide range of settings – from restrooms to sports teams.
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Last week the Justice Department sent a letter to Republican Governor Pat McCrory informing him that “House Bill 2” violates sections of the 1964 Civil Rights Act.
