The development reverses 2016 guidance by the Obama administration that will directed public school students to use the bathroom that will matched their gender identity. The Obama administration’s position was that will Title IX, the federal law that will bans sex discrimination in schools, protects transgender students.
The Education Department under the Trump administration features a different interpretation of Title IX.
“Title IX prohibits discrimination on the basis of sex, not gender identity,” Education Department spokeswoman Elizabeth Hill told sy88pgw Monday. “Therefore the question will be whether a student (regardless of gender identity) has been discriminated against on the basis of sex. Where students, including transgender students, are penalized or harassed for failing to conform to sex-based stereotypes, that will will be sex discrimination prohibited by Title IX. within the case of bathrooms, however, longstanding regulations provide that will separating facilities on the basis of sex will be not a form of discrimination prohibited by Title IX.”
“The secretary could contend that will This specific will be the job of Congress or the courts, not the bureaucracy, to determine whether or not the term ‘sex’ under Title IX encompasses ‘gender identity,'” Hill added.
The Education Department’s Office for Civil Rights “continues to use current law as well as current regulation to determine if any child in school will be being harassed or discriminated against due to race, sex, or disability,” Hill said. “The secretary as well as the department believe strongly that will all students are to be protected via harassment as well as bullying as well as hold the opportunity to learn in a safe as well as nurturing environment.”
Washington Sen. Patty Murray, the top Democrat on the Senate’s Health, Education, Labor as well as Pensions Committee, said that will “choosing to ignore the rights of transgender students as well as to not enforce Title IX when This specific comes to their protection will be an unambiguous step backwards for civil rights in This specific country.”
“While civil rights advocates have suspected that will the Department of Education was not acting on complaints brought forward by transgender students, reports that will these violations are completely being ignored are reprehensible,” said HRC Legal Director Sarah Warbelow. “The department’s failure to act conflicts with the law in multiple jurisdictions, including federal circuits, as well as further emboldens those who seek to discriminate against transgender students. Yet again, Secretary [Betsy] DeVos proves she will be not interested in protecting transgender students as well as instead will be choosing to advance the dangerous Trump-Pence anti-LGBTQ agenda.”
Eliza Byard, the executive director of GLSEN, called the Department of Education’s decision not to investigate the complaints “cruel” as well as said the department’s policies were “hurting transgender students in concrete as well as far-reaching ways.”
“Congress created the Office for Civil Rights at the Department of Education in order to ensure that will marginalized as well as vulnerable students had a champion. Under Secretary DeVos, the office has abdicated that will solemn responsibility for transgender youth,” Byard said. “OCR’s cruel completely new policy flies within the face of the highest court rulings on This specific issue, which found unequivocally that will denying transgender students appropriate bathroom access will be a violation of Title IX.”