The bathroom wars are intensifying.  One day the Lieutenant Governor stirs the pot in Fort Worth, seeking the dismissal of the superintendent because of the guidelines he issued about transgender students.   The next day the Department of Education’s (DOE) Office for Civil Rights (OCR) issues another of their “Dear Colleague” letters on this topic. What to make of this?

The main thing to know about the new letter is that it makes the federal government’s position crystal clear: “When a school provides sex-segregated activities and facilities, transgender students must be allowed to participate in such activities and access such facilities consistent with their gender identity.”   The letter puts it plainly: “The Departments [meaning Department of Education and Department of Justice] treat a student’s gender identity as the student’s sex for purposes of Title IX and its implementing regulations.”  The letter asserts that “The Departments’ interpretation is consistent with courts’ and other agencies’ interpretations of Federal laws prohibiting sex discrimination.”

What this means in practical terms is that if a parent or student files a complaint with the DOE alleging that a student has been denied access to the bathroom or locker room that corresponds with the student’s gender identity,  the DOE’s Office for Civil Rights will rule for the parent/student and against the district.

Elected leaders at the statewide level in Texas are pushing back aggressively on this issue.  Thus, once again, schools get caught in the culture war crossfire.  Opinions in your district will probably run the gamut, but one thing they will have in common is that they will be strongly held.

The Dawg encourages calm voices, common sense and good legal advice on this issue.  Please note that the DOE letter does not require any changes to policy for those districts that have TASB model FFH (Local) in place.  Rather, the letter spells out how districts should respond to specific requests from a parent or student.

Here at Walsh Gallegos we are ready to help you navigate this situation.

DAWG BONE: THE LATEST VENUE FOR THE CULTURE WAR: THE SCHOOL BATHROOM

TOMORROW: KID JUMPS OUT OF MOVING SCHOOL BUS.  YOU GUESSED IT: LAWSUIT!