The Obama administration’s new rules for transgender students require public schools that have housing separated by sex to allow transgender students to stay in the lodging of their choice, or risk losing federal funds.
That decision was made clear in a “Dear Colleague” letter detailing how the administration will interpret the new transgender directive.
Under a section labeled “Housing and Overnight Accommodations,” the new rules say that any school providing separate housing on the basis of sex must allow transgender students access “consistent with their gender identity and may not require transgender students to stay in single-occupancy accommodations or to disclose personal information when not required of other students.”
If a transgender student specifically requests separate lodging arrangements, including single-occupancy accommodations, the school can honor that request, the letter noted.
When it comes to athletic programs at public schools, the new rules still allow coaches and athletic directors to choose team participants based on individual skill, although with some murky limitations.
“A school may not, however, adopt or adhere to requirement that rely on overly broad generalizations or stereotypes about the differences between transgender students and other students of the same sex (i.e. the same gender identity) or others’ discomfort with transgender students,” the letter states.
A separate document provided other examples of transgender school practices around the country that the DOE recommends. The Los Angeles Unified School District, for instance, relies on the California Interscholastic Federation’s decision to establish a panel of professionals, including at least one “with training or expertise in gender identity health care or advocacy, to make eligibility decisions.”
More broadly, the new rules bar schools from segregating or otherwise distinguishing students on the basis of their sex, “including gender identity” in any school activities or the application of any school rule, including at school dances or graduation ceremonies.
“Likewise, a school may not discipline students or exclude them from participating in activities for appearing or behaving in a manner that is consistent with their gender identity or that does not conform to stereotypical notions of masculinity or femininity (e.g., in yearbook photographs, at school dances, or at graduation ceremonies),” the letter stated.
When it comes to dress codes and how they should apply to transgender students, the Department of Education recommended that schools use a uniform that is as similar as possible for all students, regardless of gender.
“Dress codes that apply the same requirements regardless of gender are the most inclusive for all students and avoid unnecessarily reinforcing stereotypes,” states the document providing best practices advice.
If a school wants to stick with a uniform that is different for male and female students, the school should allow transgender students to dress “consistent” with their gender identity.
The Washington State guidelines for transgender policy in its schools, for example, “encourage school districts to adopt gender-neutral dress codes that do not restrict a student’s clothing choices on the basis of gender.”
“Dress codes should be based on educationally relevant considerations, apply consistently to all students, include consistent discipline for violations, and make accommodations when the situation requires an exception.”
