Earlier this month, two federal courts issued decisions in cases involving the rights of transgender students. These decisions should help school districts understand their legal obligations as they apply to all students.
Grimm v. Gloucester County School Board
Today, the U.S. Supreme Court agreed to hear an appeal from a Virginia school board seeking to prevent a high school student from using the boys' bathroom. In April, the U.S. Court of Appeals for the 4th Circuit gave deference to the federal government's position that Title IX, the federal law prohibiting discrimination "on the basis of sex" in public schools, protects the rights of transgender students to use school bathrooms that align with their gender identity.
Title IX of the Education Amendments of 1972 prohibits gender discrimination in any education program or activity that is supported by federal monies. On April 24, the US Department of Education’s Office for Civil Rights (“OCR”) reminded schools receiving federal dollars that they must designate at least one employee to coordinate Title IX compliance and released a guidance package relating to Title IX compliance.