Title IX
Title IX, signed in 1972 is a Federal document that provides important protections for lesbian, gay, bisexual, transgender, and queer (LGBTQ) students who face bullying and harassment that can interfere with their access to education. Unfortunately, “Seventy-seven percent of K-12 students who were out as (or perceived to be) transgender experienced at least one significant form of discrimination, such as being verbally harassed by peers, disciplined more harshly than cisgender peers, or even being physically or sexually assaulted because others believed they were transgender.” Students who are harassed in school are more likely to avoid going to class, which can lead to dropping out of school completely. Title IX applies to all federally funded education programs or activities.
Title IX prohibits sex-based discrimination in education. There are multiple federal courts that have put laws into place which prohibit discrimination on the basis of sex, including discrimination against transgender people. This also means that transgender students have the right to have equal access to educational opportunities as a part of Title IX.
In May 2016, ED and DOJ released guidance detailing schools’ obligations to transgender and gender nonconforming students under Title IX. Schools must take “prompt and effective steps” to end sex-based harassment, “Use pronouns and names consistent with a transgender student’s gender identity,” allow transgender students to participate in and access “[sex-segregated] activities and … facilities consistent with their gender identity.”
In Feb, 2017, the ED and DOJ (now under the direction of Education Secretary Betsy DeVos and Attorney General Jeff Sessions) revoked the guidance. However, the law remains the same: Students are still entitled to the legal protections guaranteed by Title IX.
The U.S. Department of Education supplies schools with guidance materials including the “Dear Colleague Letter” (DCL), which discusses the obligations schools have to address sexual violence on campuses. If there is sexual violence or harassment that interferes with the ability of student’s to learn or participate in extracurricular activities, the school is required to respond.
Transgender and Gender Non-Conforming Students
The rights of transgender students was clarified in 2016 under Title IX, which means that transgender students are protected under Title IX allowing them “equal access to educational opportunities, including access to single-sex spaces and activities consistent with their gender identity.” This means that transgender students can play on sports teams aligning with the gender they identify as or feel most comfortable with.
This law also means that schools are required to respect transgender students identity. Including, name, pronouns, access to single-sex facilities (including restrooms), and dress code. However, students are still required to follow the schools dress code for the gender they identify as.
“Title IX also protects transgender and gender nonconforming students from gender-based harassment and bullying — that is, harassment or bullying a student experiences because they do not conform to stereotypical notions of masculinity and femininity.”
Additional Information about Title IX
For more information:
- The official Title IX document can be found here.
- Know Your Title IX
Maine Human Rights Act
Doe v. RSU 26, 2014 ME 11
In 2014, the Maine Supreme Judicial Court held that making a transgender girl use a different bathroom than other girls violated the law. The case involved Nicole Maines, who had been forced to use a staff bathroom when she was a student in the Orono schools.
At this time, the Maine Department of Education had not issued guidelines to schools about how to support transgender students. In January 2016, the Maine Human Rights Commission issued a memo to schools providing guidance on how to support transgender students. The memo can be found here.
Legal Rights Organizations/Advocates
The Human Rights Campaign is designed to help gather information and resources on the legal rights you have as an LGBTQ person.
https://www.facebook.com/humanrightscampaign
Lambda legal is an organization dedicated to helping and gaining full recognition for all Lesbian, Gay, Bisexual, Transgender people and those living with HIV.
https://www.facebook.com/lambdalegal
The Transgender Law Center is an organization working to engage in effective advocacy and raise awareness for transgender people.
http://transgenderlawcenter.org
https://www.facebook.com/translawcenter
Students have legal rights in schools; they have the right to be protected from harassment and discrimination while expressing their individuality. GSA Network helps to provide information for schools.
https://gsanetwork.org/resources/legal-resources
https://www.facebook.com/GSANetwork