School districts are being told that they must permit transgender students to use bathrooms and locker rooms consistent with their chosen gender identity. The guidance from leaders at the departments of Education and Justice says public schools are obligated to treat transgender students in a way that matches their gender identity, even if their education records or identity documents indicate a different sex. “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 Lynch said in a statement accompanying the directive, which is being sent to school districts today.
The guidance does not impose any new legal requirements; officials say it’s meant to clarify expectations of school districts that receive funding from the federal government. Under the guidance, schools are told that they must treat transgender students according to their chosen gender identity as soon as a parent or guardian notifies the district that that identity “differs from previous representations or records.” There is no obligation for a student to present a specific medical diagnosis or identification documents that reflect his or her gender identity, and equal access must be given to transgender students even in instances when it makes others uncomfortable, according to the directive. The administration is also releasing a separate 25-page document of questions and answers about best practices, including ways schools can make transgender students comfortable in the classroom and protect the privacy rights of all students in restrooms or locker rooms.
FEDERAL DIRECTIVE SAYS ALL SCHOOLS MUST GIVE TRANSGENDER BATHROOM ACCESS
