The new federal guidelines for schools paint transgender rights as a Title IX issue, saying districts could lose federal funds if they treat transgender students – whose gender identity is different from their sex assigned at birth – any differently than other students of the same gender identity.
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The U.S. Departments of Education and Justice released a joint letter of guidance Friday to public schools nationwide urging inclusion of transgender students, most notably transgender bathrooms.
It said requiring identification denies their equal access to an educational program, meaning transgender students will be allowed to use restrooms, locker rooms or participate on sports teams based on what they identify with. “It’s hard enough being a transgender young person without feeling like you’re not supported by your school”.
The letter does not carry the force of law but the message was clear: Fall in line or face loss of federal funding. Both the state and the administration have filed dueling lawsuits.
Rights groups hailed the administration’s latest move.
Conservatives pushed back against the administration’s non-binding guidance to schools, the latest battleground in the issue of rights for lesbian, gay, bisexual and transgender Americans.
JUDY WOODRUFF: In Texas, Lieutenant Governor Dan Patrick urged his state’s school superintendents to defy the Obama administration, even if it means forfeiting billions in federal aid.
“This is a unsafe situation where you’re allowing men or boys in the girls restrooms and in the locker rooms”, Huffines said.
“Well, in Texas, he can keep his 30 pieces of silver”.
“We will always work to be in compliance with all federal and state laws, including rules and regulations”, Wright said. We will not sell out our children to the federal government.
“In the midst of a historic funding crisis for public education, schools should not be burdened with this sort of overreach yet again”.
The directive came as the Justice Department and North Carolina are battling in federal court over a North Carolina state law approved in March that prohibits people from using public restrooms not corresponding to their gender assigned at birth, while other states weigh similar measures.
“It really seems this would be best left to local school officials and parents and students themselves, working this out in a way that reflects their community”, Focus On The Family education analyst Candi Cushman said.
The National Center for Transgender Equality estimated in 2009 that between 0.25 and one percent of the population is transsexual. In this case it was just making sure that schools understand that that included transgender students.
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“I applaud the guidance from the U.S. Department of Education that clarifies what we’ve believed all along – that gender identity is protected under Title IX, and that all students have a right to attend a school that is safe and discrimination-free”.
