Implications of federal roll back on transgender rights
The rights and protections of transgender students are established in both state and federal law . In California , state law requires school districts to permit pupils to participate in sex-segregated programs and activities based on their gender identity .
In the federal realm , the Obama administration took several definitive steps to establish the rights of transgender students through Title 9 of the Education Amendments of 1972 , which prohibits sex discrimination by any educational institution receiving federal funds . However , pending federal court cases and actions by the Trump administration have challenged the status of transgender rights .
While the Trump administration changed the trajectory of Title 9 by releasing a “ Dear Colleague Letter ” ( DCL ) in February , suggesting the federal government will no longer require education institutions to grant access to facilities and programs based on gender identity , transgender students are still protected from discrimination based on their gender identity . Education institutions should consider the following issues when deciding how to address transgender issues .
First , education institutions are still required to follow state law with respect to transgender students . In California , Education Code section 221.5 ( f ) requires school districts to permit pupils to participate in sex-segregated programs and activities , including athletic teams and competitions , and use facilities consistent with their gender identity , irrespective of the gender listed on the pupil ’ s records .
Secondly , as explicitly stated in the Trump DCL , Title 9 ’ s protections against sex discrimination remain in place , specifically with respect to transgender students . As part of this protection , all education institutions should make sure their communities understand transgender students are still protected from bullying , abuse and harassment , or they could face action under Title 9 , and California law still requires access based on gender identity .
Read more on this in Leadership Extra at www . acsa . org / publications . Atkinson , Anderson , Loya , Ruud & Romo , professional law corporation
Center provides badges , training and support for queer youth . Nine urban districts have signed on to ensure that our LGBTQ + students are feeling seen and heard .
• Speak to textbook manufacturers and ensure that your curriculum supports all of your students .
A safe environment isn ’ t one that happens easily . It takes courageous conversations and immense leadership to ensure that our students feel safe every day . Whether in the classroom , as a school leader or in a central office , there are tangible steps you can take to ensure that your district is inclusive , equitable and safe . The most important step is to listen to our queer youth and faculty , ensuring that their concerns are being heard and addressed . For students dealing with these complex issues , it is critical that we use our leadership to ensure that everyone has the opportunity to thrive .
Resources
• Greytak , E . A ., Kosciw , J . G ., Villenas , C . and Giga , N . M . ( 2016 ). “ From Teasing to Torment : School Climate Revisited , a Survey of U . S . Secondary School Students and Teachers .” New York : GLSEN .
• Mehta , J . ( 2017 ). “ The White Journey to Racial Awareness : A Stage Theory .” Education Week . Accessible at http :// blogs . edweek . org / edweek / learning _ deeply / 2017 / 07 / the _ white _ journey _ to _ racial _ awareness _ a _ stage _ theory . html .
• Russell , S . T ., Kostroski , O ., McGuire , J . K . and Manke , E . ( 2006 ) “ LGBT Issues in the Curriculum Promotes School Safety .” ( California Safe Schools Coalition Research Brief No . 4 ). San Francisco , CA : California Safe Schools Coalition .
• Wolke , D ., Copeland , W . E ., Angold , A ., Costello , E . J . ( 2013 ) “ Impact of Bullying in Childhood on Adult Health , Wealth , Crime , and Social Outcomes .” Psychological Science . Volume 24 , Issue 10 , pp . 1958- 1970 .
James Hilton Harrell is a network partner of instruction for the Elevation Network , a cohort of schools in Oakland that are redesigning themselves to better serve the needs of their communities .
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