(Wyoming) Today the U.S. Departments of Justice and Education issued a letter
Federally-funded schools that included language designed to protect
transgender students. In part the letter summarizes Title IX and states
that discrimination against a student's gender also includes gender
"In recent years, we have received an increasing number of questions from
parents, teachers, principals, and school superintendents about civil
rights protections for transgender students," the memo read. "This
not add requirements to applicable law, but provides information and
examples to inform recipients about how the Departments evaluate whether
covered entities are complying with their legal obligations."
In a press statement, Wyoming's Superintendent of Schools Jillian Balow
responded to the guidance notice.
"Guidance on ensuring the civil rights of transgender students was released
by the USDOE and USDOJ today which underscores the challenges of adapting
to social change in schools. I don't believe it is appropriate for federal
bureaucrats to tell our education professionals how to handle these
"Educators are entrusted with the safety of all children, physical and
emotional, in the school setting. Many Wyoming schools have already adapted
to the transgender community by providing accommodations, such as a
separate bathroom, for transgender students. I expect that Wyoming
education leaders will continue to carefully make decisions in the interest
of all students and consider policy decisions with input from the local
school board, students, and the public.
"While I appreciate the attention paid to transgender students in the
federal guidance, it's critical that we recognize, and reasonably
accommodate, the uniqueness of all students."
In regards to bathrooms specifically, the guidance issued today is fairly
"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.A school may not require transgender students to use
facilities inconsistent with their gender identity or to use
individual-user facilities when other students are not required to do so. A
school may, however, make individual-user options available to all students
who voluntarily seek additional privacy."
In other words, "providing separate accommodations," as Superintendent
Balow states above, would be okay if the student requested it.
You can read the full guidance letter here
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