U.S. Dept. of Education Issues Groundbreaking Guidance: Title IX Protects Transgender Students from Discrimination

The U.S. Department of Education today issued new guidance that makes it clear that Title IX law protects transgender students from discrimination, the National Center for Transgender Equality reports:

The guidance, from the Department's Office for Civil Rights (OCR), states: "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."

"This announcement is a breakthrough for transgender students, who too often face hostility at school and refusal by school officials to accept them for who they truly are," said NCTE Policy Director Harper Jean Tobin. "It is now clearer than ever that schools nationwide are responsible for ensuring that transgender students are respected and safe, and students can seek protection from the Department of Education and the courts if schools fail to do so."

…This historic statement on gender identity is embedded in a larger guidance document on the responsibilities of schools to prevent and respond to sexual violence against any student—part of a package of guidance and resources announced by the Obama Administration today to address this widespread problem. Also being launched is a new website, NotAlone.gov, collecting resources for students and schools and reporting settlements with schools related to sexual violence on campus. NCTE applauds the White House Task Force to Protect Students from Sexual Assault and the federal agencies involved in this effort.

"Sexual violence in schools is shockingly common in the U.S. and needs to stop," said NCTE Executive Director Mara Keisling. "That the Federal Government is addressing sexual violence is so important. And it is also important, and honestly a relief, that the Department of Education is clarifying Title IX in a way that will make schools safer for transgender students."

 The ACLU adds:

"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. "The Office for Civil Rights must now take the next step and issue comprehensive guidance on Title IX and transgender students."

Read the guidance document HERE.