What does the law say about transgender students in schools?
The U.S. Department of Justice has issued the following letter that "summarizes a school's Title IX obligations regarding transgender students." "When a student ...notifies the school that the student will assert a gender identity different from previous records" . . . the school must "treat a student's gender identity as the student's sex. . . .even in circumstances which other students, parents, or community members raise objections or concerns." "[T]here is no medical diagnosis or treatment requirement."
The Department goes onto address some specifics. With respect to "Restrooms and Locker Rooms. A school may not require transgender students to use facilities inconsistent with their gender identity." Nor can they require transgender students to use individual-use facilites when other students are not required to do so. They may "make individual-user options available to all students who voluntarily seek additional privacy."
With respect to athletics, the department does make the following statement: "Title IX does not prohibit age-appropriate, tailored requirements based on sound, current, and research-based medical knowledge about the impact of the students' participation on the competitive fairness or physical safety of the sport."
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