The Obama administration yesterday recommended that all public school
districts in the entire country allow transgender students to use
whatever bathroom and locker-room that matches their gender identity. In
the letter sent to all school districts in the US, transgender students
should be allowed to use wherever they want without been
asked for documentation to prove their preferred sexuality or medical
diagnosis.
In a letter outlining guidance for schools that were sent out yesterday,
the administration said as a condition of receiving federal funds, "a
school may provide separate facilities on the basis of sex, but must
allow transgender students access to such facilities consistent with
their gender identity."
The letter says the school should not require any medical diagnosis, nor
should they demand documentation reflecting the student's gender
identity before taking steps to protect transgender students, "even in
circumstances in which other students, parents, or community members
raise objections."
Adding that while schools are permitted to offer single-use restrooms to
students who want "additional privacy," they should not require
transgender students to use single-use facilities if their classmates
are not required to do the same.
The letter was signed by officials from the Departments of Justice (DOJ) and Education.
Alongside the letter to school districts, officials will distribute a
list of "emerging practices," advice for how to deal with a number of
issues, from ensuring faculty uses the student's preferred pronoun to
preventing staff from inadvertently disclosing a student's status as
transgender.
The best practices document also gives guidance on how schools can
"protect the privacy rights of all students," holding up a suggestion
from Washington state that recommends offering "students who may feel
uncomfortable sharing the facility with the transgender student(s)" the
option to use a separate single-occupant restroom.
Human Rights Campaign President Chad Griffin called the directive 'groundbreaking'. He said in a statement:
“This is a truly significant moment not only for transgender young
people but for all young people, sending a message that every student
deserves to be treated fairly and supported by their teachers and
schools,"