On Implementation of Title Ix and Other Federal Protections for Lgbtqi+ Youth in K-12 Schools

ED has the authority to investigate and resolve complaints that federally funded schools are depriving students of equal protection based on sex (including sexual orientation, gender identity, and sex characteristics). The U.S. [...] Students Title IX permits schools to create separate-gender teams where such teams address systemic sex-based discrimination and specifically the underrepresentation of girls in school athletics. Transgender, intersex, and nonbinary students benefit from access to school sports that are consistent with their gender identity. [...] Sexual orientation — Means a person’s physical, romantic, emotional, aesthetic, or other form of attraction to others. Sexual orientation and gender identity are not the same. [...] Subject to section B(1), once a transgender student has notified the student’s school of their gender identity, the student shall be consistently treated as that gender for purposes of eligibility for athletics and activities, provided that if the student has tried out or participated in an activity, the student may not participate during that same season on a team of the other gender. 3. [...] Policy: New Jersey Department of Education45 Activities With respect to gender-segregated classes or athletic activities, including intramural and interscholastic athletics, all students must be allowed to participate in a manner consistent with their gender identity. [...] Likewise, schools should carefully consider their policies and procedures to ensure they are not engaging in any systemic discrimination through the implementation of a policy or practice that appears to evenly apply to all students, but that disproportionately impacts protected class students. A policy that is applied to all students equally, but that has uneven and harmful effects on gender [...] The educational institution should also, at the request of any student, instruct its students to address the student by the student’s chosen name and use pronouns consistent with the student’s gender identity. [...] While schools may discuss their policies and efforts to meet the needs of all students with the school community or with the press, personal information should not be disclosed publicly. [...] Schools should review and eliminate unnecessary disclosure of student gender designations on non-official records. • Official Records. Certain education records, such as the transcript, may still require a school to use a student’s legal name. [...] Schools • Adopt policies for intramural sports and other school athletic programming not regulated by the state interscholastic athletics associations that enable all students to participate in a manner consistent with their gender identity (if such policy creation is in their purview rather than the SEA); • Ensure students and families are informed of school athletics policies; and • Notify