On May 13, 2016, the United States Departments of Education and Justice released a joint guidance document clarifying their interpretation of federal law on gender identity discrimination, including information on access to facilities, privacy rights, education records, and sex-segregated athletics. The guidance stated, “All students, including transgender students and students who do not conform to sex stereotypes, are protected from sex-based discrimination under Title IX.”1 This guidance created a lot of media attention nationally and has prompted discussion among students, families, teachers, administrators, school boards, and community members who seek to understand what this guidance means for individual students, schools, and communities. IASB has received a number of questions about legal requirements for serving transgender students and all students in schools. IASB encourages school boards to use this Special Report as a resource to help inform conversations and support the work of the board as the board seeks to provide a safe environment for all students. This Special Report is not intended to provide answers to every question that may emerge on this topic, nor is it intended to provide one size fits all
answers to what are complex social and legal issues. As school board members and administrators know, the needs and situations of individual students vary tremendously. Instead, this Special Report seeks to assemble in one document, information on Iowa and federal law regarding transgender students. Background on Federal and State Law While there are a number of federal and state laws that have implications for transgender and gender nonconforming students, four laws are prominent in this discussion and will be referenced throughout this Special Report. (1) Title IX of the Educational Amendments of 1972 (“Title IX”): Title IX is a federal law. This law and its implementing regulations prohibit discrimination based on sex in educational programs and activities operated by recipients of federal funds, which includes school districts.2 According to the joint guidance issued by the Departments of Education and Justice on May 13, 2016, this prohibition against discrimination based on sex includes discrimination based on a student’s gender identity, including discrimination based on a student’s transgender status.3 According to the joint guidance, a school must respect and treat students consistent with their gender identity.
