Educational Institutions’ Obligations to Transgender Students under Title IX

April 2019
Human Rights Campaign Legal Department

Legislatures across the country have been considering passing legislation that would prohibit transgender students at federally funded educational institutions from accessing restrooms and other facilities consistent with their gender identity. This legislation creates a legal liability for any state in which it becomes law. It opens up school districts to costly litigation from students facing discrimination and, if properly investigated, administrative actions that may be brought by the United States Department of Education’s Office of Civil Rights or the Department of Justice in the future. These bills offer costly supposed solutions to non-existent problems and would force schools to choose between complying with federal law – plus doing the right thing for their students – and complying with a state law that violates students’ civil rights.

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