Skip to main content

BREAKING: Historic Dept. of Education Guidance to Affirm the Rights of Transgender Students

Press Contact

Contact Name
Ash Orr (they/he)

Tomorrow, the U.S. Department of Education is set to release a historic letter to the nation’s school districts confirming that discriminating against transgender students is illegal under Title IX.

This comprehensive letter is expected to explain that schools and colleges have to make sure that transgender students are treated according to their gender identity in every aspect of school life, including by having full and equal access to restrooms and other facilities that match their gender.

Schools that discriminate against trans students—including schools that exclude transgender students from restrooms consistent with their gender—are violating federal law, putting their federal funding at risk. Title IX overrides state laws, and therefore overrides North Carolina’s HB 2, which requires schools to force transgender students into bathrooms that don’t match their gender.

In response to this groundbreaking letter, NCTE Executive Director Mara Keisling said:

We’ve seen over and over that transgender students who are included and respected can thrive at school. But this year, some legislators and anti-trans extremists have been encouraging schools to deny transgender students basic educational opportunities by preying on baseless fears and cooking up confusion about what federal law requires. That’s why transgender young people, their families, and their schools have so desperately needed this guidance from the federal government. We’re thrilled that Secretary John King and the Obama Administration have finally taken action to protect transgender students all over the nation.

Policies that treat transgender students equally, including when it comes to restroom access, have been successfully tried and tested for years in thousands of schools around the country. But even though many schools have been doing the right thing without any threats to anyone’s privacy or safety, too many transgender students continue to go to schools where they face discrimination, harassment and even violence.

The Department of Education’s policy letter will be critical to protect the rights of all transgender students. NCTE has advocated vigorously for the release of a  letter such as this one, which has been one of our top policy priorities, over the course of several years. The letter and accompanying guidance is expected to not only cover access to facilities, but also issues such as dress codes and confidentiality.

Join Our Mailing List

Sign Up