By Laurence M. Vance June 7, 2016
Due to the ongoing transgender controversies at public schools around the country, the U.S. Department of Justice, Civil Rights Division, and the U.S. Department of Education, Office for Civil Rights, have joined forces to issue a “Dear Colleague Letter on Transgender Students.”
The letter begins:
In recent years, we have received an increasing number of questions from parents, teachers, principals, and school superintendents about civil rights protections for transgender students. Title IX of the Education Amendments of 1972 (Title IX) and its implementing regulations prohibit sex discrimination in educational programs and activities operated by recipients of Federal financial assistance. This prohibition encompasses discrimination based on a student’s gender identity, including discrimination based on a student’s transgender status.
That “this prohibition encompasses discrimination based on a student’s gender identity, including discrimination based on a student’s transgender status” is, as far as I know, not yet enshrined in federal law. But let’s continue anyway.
Regarding schools receiving federal funds, the letter goes on to say:
As a condition of receiving Federal funds, a school agrees that it will not exclude, separate, deny benefits to, or otherwise treat differently on the basis of sex any person in its educational programs or activities unless expressly authorized to do so under Title IX or its implementing regulations.