• Dear Colleague Letter Issued by the U.S. Department of Education and Department of Justice
  • June 26, 2016 | Authors: Shelby M. Exposito; Robert D. Haws; Jennifer N. MacLennan; Susan Plimpton Segal
  • Law Firm: Gust Rosenfeld P.L.C. - Phoenix Office
  • On May 13, the U.S. Department of Education ("USDOE") and Department of Justice jointly issued a Dear Colleague letter addressing transgender students and Title IX compliance in schools. Along with the letter, they provided sample policies compiled by the USDOE and a question and answer guide from the National School Board Association ("NSBA").

    The documents summarize the position that the USDOE Office of Civil Rights has taken on emerging transgender issues and compliance with Title IX of the Education Amendments of 1972. Highlights include the following:
    • definitions of relevant terms;
    • summary of requirement to provide a non-discriminatory environment;
    • guidance regarding participation in sex segregated activities and facilities (such as bathrooms and locker rooms) according to a student's gender identity; and
    • addressing school overnight trips and school records.