Department of Education: Title IX Prohibits Discrimination Against Transgender Students

<a href="https://www.flickr.com/photos/96829830@N04/8976479577/in/photolist-eFdNDg-k6LKQi-fhYrMm-k6LSsB-ekcQLC-k6P71A-jeXA4V-j3yJ6-gcjT4q-fyh45u-8q94PM-6B1Ffb-fyh3ts-5tf2gA-5otHqH-gdKmK-4xfLxD-aBj7NW-5ELJFo-63nebf-iCq9RR-kKWMRX-5bWgco-7h4zDD-bkYnNN-cmSMmY-9dpmaG-icYznx-fgnsLG-k6L79Z-7yFqQP-k6NN9d-fy7rUL-jeZ6FB-fxS8rP-fxc82x-jEc6Bb-NHLdq-fhYgkE-fy7rah-fhYpoh-fhYgS9-fxS9Ur-fxc626-fhYg3d-h1ANBz-k6CTQd-fxc8tt-fxc6cp-ndU2MK-jEeQms">marsmet472</a>/Flickr

Facts matter: Sign up for the free Mother Jones Daily newsletter. Support our nonprofit reporting. Subscribe to our print magazine.


On Tuesday, the Department of Education’s Office for Civil Rights (OCR) issued explicit guidance barring schools that receive federal Title IX funds from discriminating against transgender and gender-nonconforming students.

“Title IX’s sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity and OCR accepts such complaints for investigation. Similarly, the actual or perceived sexual orientation or gender identity of the parties does not change a school’s obligations,” the guidance reads.

Human rights advocates are praising the new policy: “We hear from hundreds of students each year who simply want to be themselves and learn at school,” Masen Davis, Executive Director of Transgender Law Center, said in a statement. “Sadly, many schools continue to exclude transgender students from being able to fully participate. Now, every school in the nation should know they are required to give all students, including transgender students, a fair chance at success.”

“This guidance is crystal clear and leaves no room for uncertainty on the part of schools regarding their legal obligation to protect transgender students from discrimination,” said Ian Thompson, ACLU legislative representative, in a statement. The ACLU notes that the guidance builds upon the 2012 ruling from the Equal Employment Opportunity Commission protecting transgender employees from workplace discrimination.

The Title IX program is a Nixon-era law that bans schools that receive federal funding from engaging in sex discrimination. But the requirement hasn’t always extended to transgender students. The Transgender Law Center is currently representing a transgender man who filed a federal lawsuit alleging that the University of Pittsburgh violated his rights under Title IX, among other laws.  While he was a student, the university allegedly banned him from using the men’s restrooms and later expelled him after he continued using the men’s facilities.

 

REAL QUICK, REAL URGENT

Minority rule, corruption, disinformation, attacks on those who dare tell the truth: There is a direct line from what's happening in Russia and Ukraine to what's happening here at home. And that's what MoJo's Monika Bauerlein writes about in "Their Fight Is Our Fight" to unpack the information war we find ourselves in and share a few examples to show why the power of independent, reader-supported journalism is such a threat to authoritarians.

Corrupt leaders the world over can (and will) try to shut down the truth, but when the truth has millions of people on its side, you can't keep it down for good. And there's no more powerful or urgent argument for your support of Mother Jones' journalism right now than that. We need to raise about $450,000 to hit our online fundraising budget in these next few months, so please read more from Monika and pitch in if you can.

payment methods

REAL QUICK, REAL URGENT

Minority rule, corruption, disinformation, attacks on those who dare tell the truth: There is a direct line from what's happening in Russia and Ukraine to what's happening here at home. And that's what MoJo's Monika Bauerlein writes about in "Their Fight Is Our Fight" to unpack the information war we find ourselves in and share a few examples to show why the power of independent, reader-supported journalism is such a threat to authoritarians.

Corrupt leaders the world over can (and will) try to shut down the truth, but when the truth has millions of people on its side, you can't keep it down for good. And there's no more powerful or urgent argument for your support of Mother Jones' journalism right now than that. We need to raise about $450,000 to hit our online fundraising budget in these next few months, so please read more from Monika and pitch in if you can.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate