On Friday morning, the Obama administration issued
a "Dear Colleagues" letter
The administration argues that Title IX, which outlaws sex discrimination for any school receiving federal funding, covers gender identity.
The letter does not change any existing laws, but provides what is called "significant guidance." It explains exactly what policies the Education and Justice departments consider to be compliant with Title IX.
"There is no room in our schools for discrimination of any kind, including discrimination against transgender students on the basis of their sex," Attorney General Loretta E. Lynch said in a statement. "This guidance gives administrators, teachers, and parents the tools they need to protect transgender students from peer harassment and to identify and address unjust school policies."
In addition to the letter, the Education Department
issued a pamphlet
The move has widely been seen as intensifying the ongoing confrontation between the federal government and the state of North Carolina, which has passed a law restricting transgender people's access to bathrooms.
Here's what the letter says schools should do:
- When a student, parent or guardian informs a school of a student's gender identity, treat that student consistent with that identity.
- Do not require a doctor's note or diagnosis.
- Do not require official documentation of a gender transition.
- Work to prevent harassment of students based on gender identity.
- Provide equal access to all educational programs and activities, regardless of any objections raised by other parents, students or community members.
- Provide transgender students with
the right to use restrooms
- Transgender boys have the right to
go out for the football team
- Allow anyone to
go to prom in a tux
- Require that school staff and contractors agree to use
a student's preferred name and pronoun
- Recognize that a student's birth name and sex as they appear in school records are considered personally identifiable information, which is protected under FERPA (the Family Educational Rights and Privacy Act). That means they can't be shared, without the student and family's consent, with anyone who doesn't have a legitimate educational interest in the information.
- Consider families' and students' requests to amend school records to reflect a student's preferred gender identity.
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