OCR Instructions to the Field re Complaints Involving Transgender Students (USA)

On June 6, 2017 the U.S. Department of Education’s Office for Civil Rights (“OCR”) issued an internal memo to OCR attorneys, explaining “the effects on the developments on the enforcement of Title IX by the Office for Civil Rights.”  The letter emphasizes that “OCR may not rely on the policy set forth in the May 2016 DCL or the January 7, 2015 letter to a private individual as the sole basis for resolving a complaint. …Rather, OCR should rely on Title IX and its implementing regulations, as interpreted in decisions of federal courts and OCR guidance documents that remain in effect, in evaluating complaints of sex discrimination of individuals whether or not the individual is transgender.”  The letter also encourages attorneys to “evaluated each allegation separately” and briefly outlines the procedure for dismissing a complaint.

Trump administration’s guidance to Office for Civil Rights on transgender student complaints — Washington Post