Transgender student

“ In a state that allows a minor to conform legal documents to the minor’s gender identity, as Adams did, accepting updated documents would make the schools’ records less likely to reflect a student’s sex.
This correct understanding of the schools’ practices sweeps away the majority’s newfound concerns about how the schools determine the sex of their students. The majority first identifies a hypothetical situation that purportedly proves the schools arbitrarily treat some transgender students differently than other transgender students. ”

“ It is arbitrary that some transgender students—like Mr. Adams—are restricted by the bathroom policy, while others are beyond its reach. Just as the statute in Craig did not prevent young men from driving after drinking 3.2% beer, the bathroom policy fails to exclude every transgender student from the restroom in the way the School District seeks to do. The designation of a student’s sex on his school enrollment documents is not a “legitimate, accurate proxy” for assigning a student to a particular bathroom to protect student privacy. ”

“ The School Board did not allow Drew Adams, a transgender student, to use the boys’ bathroom. As explained below, however, the School Board’s policy allows a transgender student just like Drew to use the boys’ bathroom if he enrolls after transition with documents listing him as male. Because such a student poses the same claimed safety and privacy concerns as Drew, the School Board’s bathroom policy can only be justified by administrative convenience. And when intermediate scrutiny applies, administrative convenience is an insufficient justification for a gender-based classification. ”

“ For transgender students in particular, this discrimination can threaten students’ well-being and ability to thrive or even participate in school—one national survey found that transgender students were three times more likely to miss school than other students. ”

“ Every student deserves to learn in a safe and supportive setting, free from discrimination. As the Department of Education has reaffirmed, discrimination based on sex—including sexual orientation and gender identity—isn’t just wrong, it’s prohibited in America’s schools. Yet many lesbian, gay, bisexual, transgender, and queer (LGBTQ+) students experience bullying, harassment, and other discrimination because of their sexual orientation or gender identity. ”

“ Some schools and districts develop gender support plans to ensure a supportive environment for transgender students and create gender communication plans tailored to specific students’ needs. Facilitating opportunities for students to find support with peers, teachers, faculty, and staff, such as student-led organizations, and identifying safe spaces on campus. ”

“ Additional research cited in a report from the Department’s Office for Civil Rights found transgender youth were more likely to report feeling unsafe at school and being bullied, and that the COVID-19 pandemic harmed their mental health. Some transgender students experience multiple forms of discrimination at once, including race, gender or disability discrimination, which amplify the challenges they face. ”