At the for front of the issue is students in transition using the locker room, bathroom, or dressing room that corresponds to their perceived gender identity. Proponents argue that students should use the facility that corresponds to their birth gender identity. Forcing a transgender student to use a facility that does not match their inward identity could leave a serious psychological impact.  Legal debates have already begun over what should and should not be allowed for these students.

Reference:

Stone, C. (2015, Sept. 2015). Transgender and Gender Nonconforming Students: Advocate for Best Practices. Retrieved from 

 

·        OCR does not support the Connecticut athletics authority's policy of permitting transgender female athletes to compete in girls’ categories.

·        The DOE affirms a ruling that transgender female athletes are taking away opportunities from cisgender girls in violation of Title IX

·        The DOE Office of Civil Rights (OCR) in warned the Connecticut athletics it could lose federal funds or other enforcement actions if they continued to allow transgender participation (Walsh, 2020).

·        The DOE does not believe a recent decision by the Supreme Court (Bostock v. Clayton County, 2020) concerning protection of employment based on sexual orientation of individuals applies to Title IX.

·        A federal lawsuit filed by cisgender female athletes against the competing transgender athletes and the Connecticut athletics is pending.

Reference:

Walsh, M. (2020). Education Dept.: High Court Ruling Does Not Support Transgender Athletes. Retrieved 21 September 2020, from https://blogs.edweek.org/edweek/school_law/2020/09/education_dept_high_court_ruling.html

Bostock v. Clayton County, 590 U.S. ___ (2020). 

·        New Jersey began to mandate instruction recognizing the LGBTQIA community and its cultural contributions with the 2020 school year.

·        In California, the FAIR Education Act, requires elementary students to learn LGBTQ issues with civil rights and other protest movement.

·        Illinois is mandating students learn LGBTQ history in 2020. 

·        De La Rosa equates LBGTQ curriculum development with improved tolerance among students.

Reference:

De La Rosa, S. (2020). New Jersey, Illinois among latest to mandate LGBTQIA curriculum. Retrieved 21 September 2020, from https://www.educationdive.com/news/new-jersey-illinois-among-latest-to-mandate-lgbtqia-curriculum/567107/

·        States are not allowed deprive any person of life, liberty, or property, without due process of the law.

·         Under the equal protection clause, all citizens are guaranteed equal protection under the laws of the United States. 

·        Equal Protection refers to the idea that a governmental body must treat an individual in the same manner as others in similar conditions and circumstances.

 

Transgender persons have used this amendment as source to protect their individual rights.

Link to Law:

References

U.S. Const. amend. XIV, § 1.

 

 

While this ruling deals with discrimination in the workplace for being gay or transgender, the ruling is already being used in conjunction with Title IX in discrimination cases within education. 

 

Link to Law:

References

 

Transgender students have begun challenging the denial of bathroom access that corresponds with their gender identity as opposed to their birth identity under Title IX (Booth, 2018).

Link to Law: 

References

Booth, A. (2018). From Jane to John: Protecting Transgender Individuals’ Right to Bathroom Access under Title Ix. Cumberland Law Review, 48(2), 519–552. 

Title IX of the Educational Amendments of 1972, 20 U.S.C. § 1681 et seq.

 

Without written guidance from the DOE, districts can implement policies or work with transgender students on a case-by-case basis, or the districts can do nothing.

Link to Laws:

References

Battle, S., Wheeler, T. (2017, February 22). Dear Colleague Letter. Washington, DC: U.S. Department of Education, Office for Civil Rights. Retrieved from https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201702-title-ix.pdf

Exec. Order 13160, 3 C.F.R 279 (2000). https://www.govinfo.gov/content/pkg/CFR-2001-title3-vol1/pdf/CFR-2001-title3-vol1.pdf

Lhamon, C., Gupta, V.  (2016, May 16). Dear Colleague Letter. Washington, DC:   U.S. Department of Education, Office for Civil Rights. Retrieved from https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf 

While there is no Texas state law defining transgender rights in schools, Fort Worth ISD implemented policies under the Texas Educator Code concerning the duties of Superintendents (Tex. Educ. Code § 11.201(8)). 

Link to Law:

 

References

Fwisd.org. 2016. FORT WORTH ISD TRANSGENDER STUDENT GUIDELINE. [online] Retrieved from: https://www.fwisd.org/site/handlers/filedownload.ashx?moduleinstanceid=4714&dataid=2590&FileName=FWISD_Transgender_Student_Safety_Guideline_1.pdf. Accessed 19 September 2020.

 

Superintendents, Tex. Educ. Code § Section 11.201(8) 

 

·        A. 10.e. Understand students have the right to be treated in a manner consistent with their gender identity and to be free from any form of discipline, harassment or discrimination based on their gender identity or gender expression. (ASCA Ethical Standards for School Counselors, 2016). 

 

Counselors in K-12 schools have a duty to protect all students and help create an atmosphere that is welcoming and inclusive. Transgender students, being defined by the ASCA as an at-risk population, deserve the same respect and treated just as fair as other students. 

 

https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

 

References:

American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

 

 

 

References: 

 

Wells, K., Roberts, G., and Allan, C. (2012). Supporting transgender and transsexual students in K-12 schools: A guide for educators. Ottawa, ON: Canadian Teachers’ Federation.

·        Know and understand current laws concerning transgender student’s rights in order to intervene and support. Including:

o   Title VII (Civil Rights Acts, 1964), Title IX (Education Amendments, 1972), Equal Protection Clause (U.S. Const. amend IVX), and Freedom of Expression (U.S. Const. amend I).

·        Continue to keep updated on the changing laws and emerging legal cases and rulings concerning the transgender population especially interpretations of the Bostock v. Clayton County (2020) ruling.

·        Understand the ASCA Ethical Standards for school counselors (ASCA Ethical Standards for School Counselors, 2016), and the Texas Admistrator Code on Educator Ethics where it discusses  “the educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation” (19 T.A.C § 247.2).

·        Understand the Texas Educator Code on the definition of bullying (Tex. Educ. Code § 37.0832) and the related policies with the Texas Association of School Board (TASB Policy FFI (Local), 2020).

·        Provide guidance to teachers, staff, and administration on best in all areas of nondiscrimination, tolerance, and acceptance where transgender students are involved.

·        Provide training under the Educator Code guidance on “preventing, identifying, and responding to bullying, as well as, implement strategies for establishing and maintaining positive relationships among students” (Tex. Educ. Code §21.451(d)).

·        Collaborate with transgender students and families to implement strategies that best support their needs.

 

References:

 

Civil Rights Acts, 1964

 

Educators’ Code of Ethics, 19 Tex. Admin. Code § 247.2.

 

Staff Development Requirements, Tex. Educ. Code §21.451(d).

 

Texas Association of School Boards (2020). Bullying, Cyberbullying and Hazing. TASB School Law e-source. Retrieved from https://www.tasb.org/services/legal-services/tasb-school-law-esource/students/documents/bullying-cyberbullying-and-hazing.pdf

 

Title IX of the Educational Amendments of 1972, 20 U.S.C. § 1681 et seq.

U.S. Const. amend I 

U.S. Const. amend. XIV, § 1.