A “Dear Colleague Letter” on Transgender Students that was issued to school districts in May. A joint letter from the Departments of Education and Justice went to schools with guidelines to ensure that "transgender students enjoy a supportive and non-discriminatory school environment." Full letter can be read here.
Terminology
Gender identity refers to an individual’s internal sense of gender. A person’s gender identity may be different from or the same as the person’s sex assigned at birth.
Sex assigned at birth refers to the sex designation recorded on an infant’s birth certificate should such a record be provided at birth.
Transgender describes those individuals whose gender identity is different from the sex they were assigned at birth. A transgender male is someone who identifies as male but was assigned the sex of female at birth; a transgender female is someone who identifies as female but was assigned the sex of male at birth.
Gender transition refers to the process in which transgender individuals begin asserting the sex that corresponds to their gender identity instead of the sex they were assigned at birth. During gender transition, individuals begin to live and identify as the sex consistent with their gender identity and may dress differently, adopt a new name and use pronouns consistent with their gender identity. Transgender individuals may undergo gender transition at any stage.
Compliance with Title IX
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.
A school’s Title IX obligation to ensure non-discrimination on the basis of sex requires schools to provide transgender students equal access to educational programs and activities even in circumstances in which other students, parents or community members raise objections or concerns. As is consistently recognized in civil rights cases, the desire to accommodate others’ discomfort cannot justify a policy that singles out and disadvantages a particular class of students.
1. Safe and Non-discriminatory Environment: Schools have a responsibility to provide a safe and non-discriminatory environment for all students, including transgender students.
2. Identification Documents, Names and Pronouns: Under Title IX, a school must treat students consistent with their gender identity, even if their education records or identification documents indicate a different sex.
3. Sex-Segregated Activities and Facilities: Title IX’s implementing regulations permit a school to provide sex-segregated restrooms, locker rooms, shower facilities, housing and athletic teams, as well as single-sex classes under certain circumstances. When a school provides sex-segregated activities and facilities, transgender students must be allowed to participate in such activities and access such facilities consistent with their gender identity.
4. Restrooms and Locker Rooms: A school may provide separate facilities on the basis of sex, but must allow transgender students access to such facilities consistent with their gender identity. A school may not require transgender students to use facilities inconsistent with their gender identity or to use individual-user facilities when other students are not required to do so. A school may, however, make individual-user options available to all students who voluntarily seek additional privacy.
5. Privacy and Education Records: Protecting transgender students’ privacy is critical to ensuring they are treated consistent with their gender identity.
“This action is about a great deal more than just bathrooms,” said Attorney General Loretta E. Lynch. “This is about the dignity and respect we accord our fellow citizens and the laws that we, as a people and as a country, have enacted to protect them – indeed, to protect all of us. And it’s about the founding ideals that have led this country – haltingly but inexorably – in the direction of fairness, inclusion and equality for all Americans.” (Source)
In the Workplace
Heartland AEA does not discriminate based on sex, gender identity, sexual orientation, marital status or family status.
Effective July 1, 2007, the Iowa Civil Rights Act (Iowa Code Chapter 216) was expanded to add sexual orientation and gender identity to the list of protected characteristics. It is now illegal in Iowa to discriminate against a person because of his/her actual or perceived sexual orientation or gender identity. The Iowa Civil Rights Commission requires that employers allow employees access to restrooms in accordance with their gender identity, rather than their assigned sex at birth.
Employers and co-workers can demonstrate that they recognize not everyone is heterosexual by using inclusive language in any invitations to social gatherings, which are extended to partners of employees. At the same time, employers should recognize that, by their very nature, sexual matters are private and confidential and not all employees are comfortable talking about their sexual orientation, or the identity of their partner. Managers should not forget that personnel information is confidential.
For more information refer to: “Sexual Orientation & Gender Identity – An Employer’s Guide to Iowa Law Compliance,” Iowa Civil Rights Commission.
If you have any questions about this information, contact the Diversity & Engagement Committee facilitators Gilmara Mitchell, Professional Learning & Leadership Consultant, or Samantha Perry, Human Resources Specialist.
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