Sick, sick government
This letter was sent by the Department of Education, warning schools that they must let boys in the girl's bathroom, join opposing sex teams, etc.
https://www2.ed.gov/about/offices/li...202106-tix.pdf
One of several "scenarios" provided by your government includes...
https://www2.ed.gov/about/offices/li...tix-202106.pdfGoldberg vowed that the “OCR will fully enforce Title IX to prohibit discrimination based on sexual orientation and gender identity in education programs and activities that receive Federal financial assistance from the department.” Additionally, a fact sheet about “Confronting Anti-LGBTQI+ Discrimination in Schools” accompanied the Dear Educator letter. The fact sheet provided examples of discrimination on the basis of sexual orientation and gender identity that the OCR could investigate.
Under one such example, “a transgender high school girl is stopped by the principal” on the way to use the girls’ bathroom. “The principal tells the student to use the boys’ restroom or nurse’s office because her school records identify her as ‘male.’” In other words, according to President Joe Biden’s Department of Education, refusing to allow a biological male who identifies as a girl to enter the girls’ bathroom constitutes discrimination under Title IX.
CDear Educator:
On this 49th anniversary of the passage of Title IX of the Education Amendments of 1972—our
nation’s most powerful legal tool for combating sex discrimination in education—I take this
opportunity to highlight a selection of resources available for you to ensure that the education
environment you provide is free from sex discrimination in all forms. Among these resources is our
recent public notice clarifying Title IX’s protection against discrimination based on sexual
orientation and gender identity.
The U.S. Department of Education’s Office for Civil Rights works to ensure that Title IX’s mandate
protects students in all aspects of their education, including recruitment, admissions, and counseling;
financial assistance; athletics; protections from sex-based harassment, which encompasses sexual
assault and other forms of sexual violence; treatment of pregnant and parenting students; discipline;
equal access to classes and activities; and treatment of lesbian, gay, bisexual, transgender, queer and
intersex (LGBTQI+) students.
I encourage you to review OCR’s recent report, Education in a Pandemic: The Disparate Impacts of
COVID-19 on America’s Students, in which we address the disparities based on sex, including
sexual orientation and gender identity, as well as race, disability, and other characteristics
experienced by students both before and during the pandemic in K-12 and postsecondary settings.
On this anniversary of Title IX, I recognize the particular vulnerability of LGBTQI+ students and the
often overwhelming challenges these students face in education compared to their peers, including
feeling less safe, experiencing poor mental health, facing a higher risk of suicide, being more likely
to miss school, and facing a disproportionate risk of being homeless.
I also want to bring to your attention OCR’s public notice based on the Supreme Court’s recent
decision in Bostock v. Clayton County, 140 S. Ct. 1731, 590 U.S. ___ (2020), which clarifies that
Title IX’s protection against sex discrimination encompasses discrimination based on sexual
orientation and gender identity. Specifically, OCR clarifies that the Supreme Court’s decision in
Bostock applies to the Department’s interpretation of Title IX. In its decision, the Supreme Court
explained that “it is impossible to discriminate against a person” because of their sexual orientation
or gender identity “without discriminating against that individual based on sex.” Id. at 1741. That
reasoning applies regardless of whether the individual is an adult in a workplace or a student in
school.
Page 2—Letter to Educators on Title IX’s 49th Anniversary
Consistent with this notice, OCR will fully enforce Title IX to prohibit discrimination based on
sexual orientation and gender identity in education programs and activities that receive Federal
financial assistance from the Department. For more information, please see our accompanying fact
sheet in which OCR and the U.S. Department of Justice’s Civil Rights Division provide examples of
the kinds of incidents we can investigate.
OCR has also updated its website to provide the resources mentioned above and to provide
additional information and resources for LGBTQI+ students.
On Title IX more generally, you might find it useful to review this Overview of the Law and these
Answers to Frequently Asked Questions about Sex Discrimination.
We realize educators may have questions about the Department’s 2020 amendments to the Title IX
regulations, and we appreciate that so many of you shared your insights and experiences during our
virtual public hearing on Title IX held on June 7-11, 2021. We are reviewing the comments we
received and, as previously noted, anticipate issuing a notice of proposed rulemaking to amend the
regulations. In addition, we plan to issue a question-and-answer document to provide additional
clarity about how OCR interprets schools’ existing obligations under the 2020 amendments,
including the areas in which schools have discretion in their procedures for responding to reports of
sexual harassment.
If you have questions or would like additional information or technical assistance, please visit us at
www.ed.gov/ocr or contact OCR at 800-421-3481 (TDD: 800-877-8339) or at ocr@ed.gov.
We at OCR share with you the responsibility to ensure that all students have equal access to
education, regardless of race, color, national origin, sex, disability, or age. Thank you for all that you
do to support all of our nation’s students and to ensure that they have the opportunity to learn and
thrive in school.
Sincerely,
Suzanne B. Goldberg
Acting Assistant Secretary for Civil Rights
U.S. Department of Justice
Civil Rights Division
U.S. Department of Education
Office for Civil Rights
Confronting Anti-LGBTQI+ Harassment in Schools
A Resource for Students and Families
Many students face bullying, harassment, and discrimination based on sex stereotypes and assumptions about
what it means to be a boy or a girl. Students who are lesbian, gay, bisexual, transgender, queer, intersex,
nonbinary, or otherwise gender non-conforming may face harassment based on how they dress or act, or for
simply being who they are. It is important to know that discrimination against students based on their sexual
orientation or gender identity is a form of sex discrimination prohibited by federal law. It is also important that
LGBTQI+ students feel safe and know what to do if they experience discrimination.
Public elementary and secondary schools, as well as public and private colleges and universities, have a
responsibility to investigate and address sex discrimination, including sexual harassment, against students
because of their perceived or actual sexual orientation or gender identity. When schools fail to respond
appropriately, the Educational Opportunities Section of the Civil Rights Division (CRT) at the U.S. Department of
Justice and the Office for Civil Rights (OCR) at the U.S. Department of Education can help by enforcing federal
laws that protect students from discrimination. CRT and OCR can also provide information to assist schools in
meeting their legal obligations.
Examples of the kinds of incidents
CRT and OCR can investigate:
A lesbian high school student wants to bring her girlfriend to a school social event where students can
bring a date. Teachers refuse to sell her tickets, telling the student that bringing a girl as a date is “not
appropriate for school.” Teachers suggest that the student attend alone or bring a boy as a date.
—When he starts middle school, a transgender boy introduces himself as Brayden and tells his classmates he
uses he/him pronouns. Some of his former elementary school classmates “out” him to others, and every
day during physical education class call him transphobic slurs, push him, and call him by his former name.
When he reports it to the school’s administrators, they dismiss it, saying: “you can’t expect everyone to
agree with your choices.”
—A community college student discloses he’s gay during a seminar discussion. Leaving class, a group of
students calls him a homophobic slur, and one bumps him into the wall. A professor witnesses this, but
does nothing. Over the next month, the harassment worsens. The student goes to his dean after missing
several lectures out of fear. The college interviews one, but not all, of the harassers, does nothing more,
and never follows up with the student.
—An elementary school student with intersex traits dresses in a gender neutral way, identifies as nonbinary,
and uses they/them pronouns. The student’s teacher laughs when other students ask if they are “a boy or a
girl” and comments that there is “only one way to find out.” The teacher tells the class that there are only
boys and girls and anyone who thinks otherwise has something wrong with them. The student tells an
administrator, who remarks “you have to be able to laugh at yourself sometimes.”
—On her way to the girls’ restroom, a transgender high school girl is stopped by the principal who bars her
entry. The principal tells the student to use the boys’ restroom or nurse’s office because her school records
identify her as “male.” Later, the student joins her friends to try out for the girls’ cheerleading team and the
coach turns her away from tryouts solely because she is transgender. When the student complains, the
principal tells her “those are the district’s policies.”
—
W
U.S. Department of Justice
Civil Rights Division
U.S. Department of Education
Office for Civil Rights
What if a Student Experiences
Discrimination in School?
If you have been treated unfairly or believe a student has been treated unfairly—for
example, treated differently, denied an educational opportunity, harassed, bullied, or
retaliated against—because of sexual orientation or gender identity, there are a
number of actions you can take:
Notify a teacher or school leader (for example, a principal or student affairs
staff) immediately. If you don’t get the help you need, file a formal complaint with 1 the school, school district, college, or university. Keep records of your complaint(s)
and responses you receive.
Write down the details about what happened, where and when the incident
happened, who was involved, and the names of any witnesses. Do this for every 2 incident of discrimination, and keep copies of any related documents or other
information.
If you are not proficient in English, you have the right to ask the school to
3 translate or interpret information into a language you understand. If you have
communication needs because of a disability, you have the right to receive
accommodations or aids and services that provide you with effective
communication.
Counseling and other mental health support can sometimes be helpful for a
4 student who has been harassed or bullied. Consider seeking mental health
resources if needed.
Consider filing a complaint with the Civil Rights Division of the U.S. Department
5 of Justice at civilrights.justice.gov (available in several different languages), or
with the Office for Civil Rights at the U.S. Department of Education at
www.ed.gov/ocr/complaintintro.html (to file a complaint in English) or
www.ed.gov/ocr/docs/howto.html (to file a complaint in multiple languages).
“All students should be able to learn in a safe environment, free from discrimination and
harassment. The Civil Rights Division stands with LGBTQI+ students and will fight to
protect their right to an education regardless of who they are or whom they love.”
- Kristen Clarke, Assistant Attorney General for Civil Rights, Department of Justice
“The Department of Education strives to ensure that all students—including LGBTQI+
students—have access to supportive, inclusive school environments that allow them to
learn and thrive in all aspects of their educational experience. Federal law prohibits
discrimination based on sexual orientation and gender identity, and we are here to help
schools, students, and families ensure that these protections are in full force.”
- Suzanne B. Goldberg, Acting Assistant Secretary for Civil Rights, Department of Education
https://www2.ed.gov/about/offices/li...tix-202106.pdf
https://www.christianpost.com/news/b...-teachers.html
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