Trump administration “Dear Colleague” letter re: transgender students (USA)

In a “Dear Colleague” letter issued Feb 22, the Trump administration announced “that the Department of Justice and the Department of Education are withdrawing the statements of policy and guidance reflected in:

  • Letter to Emily Prince from James A Ferg-Cadima, Acting Deputy Assistant Secretary for Policy, Office of Civil Rights at the Department of Education dated January 7, 2015; and
  • Dear Colleague Letter on Transgender Students jointly issued by the Civil Rights Division of the Department of Justice and the Department of Education dated May 13, 2016.”

These documents expressed the Obama administration’s position that federal nondiscrimination laws require schools to allow students to use sex-segregated facilities on the basis of their “gender identity.”

According to the letter issued by the Trump administration, “These guidance documents do not, however, contain extensive legal analysis or explain how the position is consistent with the express language of Title IX, nor did they undergo any formal public process.”  The letter also notes, “that the withdrawal of these guidance documents does not leave students without protections from discrimination, bullying, and harassment.”

Trump Rescinds Rules on Bathrooms for Transgender Students — New York Times

Trump administration rolls back protections for transgender students — Washington Post

“Dear Colleague” Letter dated February 22, 2017