Advocating for Title IX Protections for Transgender & all LGBTQI+ Students
GLSEN led a public comment responding to the U.S. Department of Education’s (USED) proposed Title IX rule. Our recommendations were supported by over 250 education, civil rights, and youth-serving organizations, including our co-leads: the American School Counselor Association, Human Rights Campaign, interACT: Advocates for Intersex Youth, National Association of School Psychologists, National Association of Secondary School Principals, National Center for Transgender Equality, National PTA, National Women’s Law Center, and PFLAG National.
As proposed, the rule expressly affirms that discrimination and bullying based on sexual orientation, gender identity, sex characteristics (including intersex traits), and sex stereotypes are illegal forms of sex-based discrimination that require a prompt and effective school response. Our comment applauds this much needed change and urges further revisions to provide greater clarity and support strong implementation with regard to nondiscrimination protections for transgender and nonbinary young people in particular, who experience the most hostile school climates. Key recommendations include:
- That schools fully enumerate sexual orientation, gender identity, sex characteristics (including intersex traits), and sex stereotypes in required nondiscrimination policies;
- That the rule clearly communicate that students must be able to use the girls’ or boys’ bathroom or locker room that corresponds with their gender identity, and the same goes for things like separate gender student housing and classes. Further, USED should must move forward with urgency on the separate Title IX athletics rule to ensure transgender, nonbinary, and intersex students have equal opportunities and access to the benefits of school sports.
- That the rule makes clear that the persistent, deliberate misuse of an individual’s name, personal pronouns, or gendered titles create a hostile school climate and constitutes illegal sex-based harassment.
Read the full comment letter below or download it here.
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