Feds: Allow transgender students to use bathrooms of their choice

McClatchy Washington Bureau (TNS)

WASHINGTON — Wading further into a spreading national debate, the Obama administration will tell all public school districts across the nation Friday that they should allow transgender students to use the bathrooms that match their gender identity.

A letter signed by officials at the Justice and Education departments, to be sent Friday morning, tells the schools they should ensure that all students, including transgender students, can attend school in an environment free from discrimination based on sex, according to the letter obtained by McClatchy.

“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,” it says.

The letter does not mandate any actions. It is considered guidance, though schools that do not abide could face a loss of federal aid, according to federal officials.

“We must ensure that our young people know that whoever they are or wherever they come from, they have the opportunity to get a great education in an environment free from discrimination, harassment and violence,” Secretary of Education John B. King Jr. said in a statement.

The letter does not mention North Carolina, which recently enacted a law overturning a city ordinance protecting LGBT rights. The Justice Department is suing the state, calling that law a violation of civil rights. In the Friday action, federal officials say they are responding to numerous questions from educators, including from the National Association of Secondary School Principals, who are seeking guidance.

The administration’s decree Friday won’t change day-to-day bathroom use for North Carolina students, state schools Superintendent Dr. June Atkinson said late Thursday in a phone interview with McClatchy. The HB2 law is currently subject to several lawsuits, she said, and the legislation details no sanctions or direction for enforcement.

That means, she said, that school districts in North Carolina are already following bathroom use practices as outlined in the new Department of Education guidance expected Friday.