Title IX and Transgender Students

Title IX The U.S. Department of Education’s Office for Civil Rights (OCR) enforces, among other statutes, Title IX of the Education Amendments of 1972. Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance.

Title IX states that: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. In practice, for example, it would be illegal for a preference to be established for males in a school’s science, technology, engineering, and math (STEM) courses and programs.

One thing in particular, however, that has not been completely settled upon is the issue of transgender rights and protections in schools. While the Obama Administration and its Department of Education held that transgender rights fell under Title IX protections, the current department, headed by Sec. Betsy DeVos, has held that transgender students are indeed not protected. This means that it would be legal for schools to deny recognition to a student's identified gender, deny access to a student's use of restrooms based upon this identity, as well as ignoring a student's request to fully investigate harassment or bullying based on one's transgender identity.

Do you believe transgender students should be protected under the current language of Title IX?

 

Questions to consider:

- Should students be allowed to utilize the restroom they see that best fits their gender identity?

- Should this topic be addressed in general in schools, or do you believe this is something that should only be addressed in the privacy of one's home?

 

Sources:

- https://www2.ed.gov/policy/rights/guid/ocr/sexoverview.html

- https://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html

- https://transequality.org/know-your-rights/schools

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