Awaits guidance on other recommendations.
Recent developments have prompted ATIXA to revise and reissue its position statement on the protections of transgender and transitioning people under Title IX. The arguments for inclusion remain largely unchanged, however the history of the issue has been edited to reflect changes in the current political winds.
As schools establish new policy and turn toward best practices in the absence of federal guidance, ATIXA encourages broad consideration of the very real barriers to education faced by students identifying as transgender. To be clear, schools are now free to protect transgender and transitioning students as much as they want, unless there is state law to the contrary, and many state laws explicitly include gender identity and expression as protected classes.
Because the verbiage of Title IX itself is broad in its protections, the Department of Education’s Office for Civil Rights’ (OCR) interpretation of the law has evolved over time, progressively focusing on employment discrimination, equity in athletics, sexual harassment and sexual violence. OCR and the courts are now debating whether the Title IX lens should focus on the rights of gender-nonconforming and transgender individuals to ensure their access to the full benefits of federally funded educational programs.
To read the history of this issue, please see ATIXA full position statement here.