Accommodating the Transgender Student

LEGAL BRIEF

I recently received a call from a local middle school principal who had met with supportive parents of a transgender 5th-grade student. The topic of the meeting? Where will the transgender student, born biologically male, sleep during an overnight school trip. The principal inquired if the school could ask the family to travel with her on the school trip and house the student separately or if the school could simply ask the student to stay home.

The answer: Neither option is permissible under federal or state law, but her question also led to a broader discussion about how the school should address other issues such as the use of gender-neutral pronouns, locker rooms and restrooms, and participation in interscholastic athletics, among other aspects of student life.

Current and emerging laws and policies governing inclusion of transgender students in schools include the Equal Protection Clause of the 14th Amendment, Title IX of the Education Amendments of 1972, President Biden’s Executive Order of March 8, 2021, the U.S. Department of Education’s proposed regulations, state public accommodations and human rights laws, and college and state athletic association policies.