Magazine article National Association of School Psychologists. Communique

Supporting Transgender Youth: Recent Court Cases and New Resources

Magazine article National Association of School Psychologists. Communique

Supporting Transgender Youth: Recent Court Cases and New Resources

Article excerpt

There have been a number of recent high profile court cases as a result of the U.S. Department of Education's (ED) May 2016 Title IX guidance related to the obligations schools have to protect the rights of transgender students. Title IX prohibits sex discrimination in educational programs operated by schools receiving federal funds and has been interpreted by ED to include discrimination based on a student's gender identity or transgender status. As of press time, 23 states were suing the Departments of Education and Justice along with several other federal agencies over the guidance for transgender youth. Several of the states have asked a federal court in Texas to temporarily block the rules while their lawsuit is pending. The guidance states that, "As a condition of receiving federal funds, a school agrees that it will not exclude, separate, deny benefits to, or otherwise treat differently on the basis of sex any person in its educational programs or activities (Dear Colleague Letter on Transgender Students, May 2016)." Specific areas covered by the guidance include sex-segregated activities and facilities, including bathrooms and locker rooms; identification documents, names, and pronouns; privacy and education records; and responsibility to create safe and nondiscriminatory environments for all students.

G. G. v. Gloucester County Virginia School Board is an ongoing case involving the right of a transgender student to use the bathroom matching his gender identity. The American Civil Liberties Union on behalf of Gavin Grimm first filed a lawsuit in 2015 against the school board for adopting a discriminatory bathroom policy that segregated transgender students from their peers and required them to use "alternative private" restroom facilities. After the district court dismissed the claim, a successful appeal was filed with the U.S. Court of Appeals for the Fourth Circuit. In response, the Gloucester School District filed an appeal in late June and has threatened to take this case all the way to the Supreme Court. In finding for Gavin Grimm, the 4th Circuit supported the U.S. Education Department's position that transgender students should have access to bathrooms that match their gender identities. The 4th Circuit is the highest court yet to make a ruling on whether lack of access to restrooms consistent with one's gender identity constitutes sex discrimination.

FAQS: SAFE AND INCLUSIVE LEARNING ENVIRONMENTS

NASP, in collaboration with Gender Spectrum, recently released a series of frequently asked questions (FAQs) titled Gender Inclusive Schools. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.