LGBTQ news and entertainment
Donald Trump signed an executive order today aimed at closing the Department of Education. This would be a good time to remember that, just a few years ago, Trump told the world that he loves “the poorly educated.” Trump set up a fake classroom for his little event. The students, used as props, held up fake executive orders at the end. Continue reading “Trump Signs Exec Order Aimed At Shutting Education Dept Down”
The Department of Education has issued updated rules under Title IX to protect people in federally funded schools from sex-based harassment and discrimination. And yes, that means protecting LGBTQ people. Continue reading “Education Dept Updates Sex-Based Discrimination Protections”
(stock image via Depositphotos)
Although it appears she was caught plagiarizing her answers in written responses to questions from Senators, Education Secretary Betsy DeVos was approved out of the Senate Health, Education, Labor and Pensions Committee by a vote of 12-11.
From ABC News:
President Donald Trump’s nomination of Betsy DeVos to be education secretary was sent today to the full U.S. Senate for confirmation on a tight 12-11 party line vote in committee after a fractious debate over her qualifications.
The vote on the nomination of DeVos, a controversial figure in Michigan politics and education, raised hackles among Democrats in the Senate, who argued throughout a contentious hearing two weeks ago and today’s debate that she knows too little about federal education policy and would undermine public schools.
Republicans, in the majority in both the Senate Health, Education, Labor and Pensions Committee and the full Senate, defended her as being committed to children even if she has been a key supporter of school choice and vouchers — though two GOP members signaled that their votes in the committee today did not necessarily guarantee support on the Senate floor.
During an appearance on The Rachel Maddow Show last night, Sen. Al Franken of Minnesota announced all of the Democrats on the Health, Education, Labor, and Pensions Committee will vote against confirming Donald Trump’s nominee for education secretary, billionaire Betsy DeVos.
From ThinkProgress:
Unlike [Dr. Ben] Carson, who avoided disagreeing with senators during [his] confirmation, DeVos played it less safe and showed her lack of knowledge on education policy in a variety of areas. DeVos was not aware of a federal law protecting the rights of students with disabilities, did not appear to understand a question about measuring school quality, and suggested that schools needed guns to protect students from grizzly bears.
Her grizzly bear comment received the most attention, but DeVos also refused to say she would enforce 2011 guidance that uses a preponderance of evidence standard in investigations of campus sexual assault. This standard allows a disciplinary panel to make a decision based on which party’s evidence has greater weight rather than requiring clear and convincing evidence. Advocates for campus sexual assault survivors have long supported the guidance.
DeVos also avoided making detailed remarks about LGBTQ rights during the hearing. This week, DeVos said she supports same-sex marriage. In 1999, DeVos and her husband gave $275,000 to Focus on the Family, a conservative Christian non-profit organization which believes in gay conversion therapy, a harmful practice, but haven’t given money to the organization since. DeVos’ refusal to say she would support the 2011 guidance on campus rape — as well as her donations to a group that opposes the guidance— would seriously affect LGBTQ people. LGBTQ students are disproportionately the victims of campus sexual violence and harassment.
DeVos’ confirmation process is also different from Carson’s in the respect that well-organized national teachers unions fiercely oppose her. DeVos’ support of vouchers for private schools and for the expansion of charter schools has incensed public school teachers, who don’t want to see schools lose federal funding. During her hearing, DeVos dodged a question to vow that she wouldn’t take a cent from public schools. Last week, teachers and their allies protested against her nomination by gathering in front of schools in over 200 cities.
This morning, the U.S. Justice and Education Departments issued joint guidelines to public schools on how transgender students should be treated and protected from discrimination.
Groups from across the political spectrum weighed in immediately.
From the Human Rights Campaign:
“These groundbreaking guidelines not only underscore the Obama administration’s position that discriminating against transgender students is flat-out against the law, but they provide public school districts with needed and specific guidance guaranteeing that transgender students should be using facilities consistent with their gender identity,” said HRC President Chad Griffin. “This is a truly significant moment not only for transgender young people but for all young people, sending a message that every student deserves to be treated fairly and supported by their teachers and schools.”
From Campus Pride:
“President Obama has affirmed today the lives of transgender young people and that they deserve human dignity and respect for who they are,” said Shane Windmeyer, Executive Director of Campus Pride. “Saving lives of trans youth means taking action and responsibility to ensure their safety in schools. We applaud President Obama for his leadership and these guidelines that make it clear that discrimination toward transgender students is against the law. There is now direction, without any doubt, for public and federally funded colleges and universities that trans students are entitled to using facilities consistent with their gender identity.”
From the National LGBTQ Task Force Action Fund:
“This is a big day for the transgender community. It means that the Department of Education’s Office of Civil Rights will accept allegations of discrimination, investigate them, and may bring claims in federal court. The other implication — especially with regard to North Carolina’s HB2 — is that the federal government will leave no stone unturned when enforcing already existing civil rights laws against illegal sex discrimination. This sends a clear message for the repeal of HB2 and to other states that are currently considering discriminatory legislation. This is very good news for the advancement of LGBTQ freedom, justice, equity and equality,” said Victoria Rodríguez-Roldán, J.D., Director, Trans/Gender Non-Conforming Justice Project, National LGBTQ Task Force Action Fund.
And, of course, the haters are howling.
From the Dallas-Fort Worth NBC affiliate:
Texas Lt. Gov. Dan Patrick spoke to NBC 5 soon after the directive was first reported, saying, “This will be the beginning of the end of the public school system as we know it.”
Patrick compared the guidance from leaders at the departments of Education and Justice to a recent guideline from the Fort Worth school district superintendent meant to accommodate transgender students.
“President Obama, in the dark of the night – without consulting Congress, without consulting educators, without consulting parents – decides to issue an executive order, like this superintendent, forcing transgender policies on schools and on parents who clearly don’t want it,” Patrick told NBC 5.
Port Neches-Groves Superintendent Dr. Rodney Cavness in Texas (via ABC):
“I got news for President Barack Obama. He ain’t my President and he can’t tell me what to do. That letter is going straight to the paper shredder. I have 5 daughters myself and I have 2,500 girls in my protection. Their moms and dads expect me to protect them. And that is what I am going to do. Now I don’t want them bullied, but there are accommodations that can be made short of this. He is destroying the very fiber of this country. He is not a leader. He is a failure.”
You’ll note: NOW they bring up “accommodations?” Before it was an executive order, the haters said trans kids had to just suck it up and deal with it. NOW they bring up accommodations.
Anti-LGBT activist Tony Perkins sent this out via email begging for money (why does he need money to stand up to something?):
Protect Our Children! The Obama administration is ramping up its efforts to force public schools to allow students to use the restroom and locker rooms of the opposite sex. Boys who are clearly boys would be free to use the girls’ facilities and vice versa.
And if parents and students object? They are either ignored or vilified as bigots. It’s all part of the U.S. Department of Education’s “Title IX Mandates” (Title IX is part of the U.S. Education Code governing federal rules for education).
These rules have been revised to provide special protections for “transgenderism” — boys or men who perceive on any given day they identify as a female, or women and girls who perceive they are male.
You’ll note how Perkins uses language like “boys or men who perceive on any given day they identify as a female.” No, Tony Perkins, transgender females don’t switch their gender identity on a whim.
If some straight, male predator puts on a dress to go into a ladies room and he doesn’t actually identify as female then these protections will not apply. These guidelines are for transgender students who are simply trying to live their lives (and use the bathroom).
Today, the federal Justice and Education Departments issued joint guidelines ensuring that all transgender students can attend school without the risk of discrimination or bullying based on their gender identity.
The guidance explains how existing law, Title IX of the Education Amendments of 1972, views the issue of “gender identity” as part of a student’s determined “sex.” Therefore, any bullying based on gender identity would fall under “sex discrimination” which is outlawed under Title IX.
The guidance does not require any student to use shared bathrooms or changing spaces, when, for example, there are other appropriate options available; and schools can also take steps to increase privacy within shared facilities.
Federal education guidelines apply to public districts serving K-12 students, public universities, and other education facilities receiving federal money.
The guidance is not legally binding; however, it reinforces the administration’s position that it will take legal action against violators.
Via press release:
Under Title IX of the Education Amendments of 1972 schools receiving federal money may not discriminate based on a student’s sex, including a student’s transgender status. The guidance makes clear that both federal agencies treat a student’s gender identity as the student’s sex for purposes of enforcing Title IX.
“No student should ever have to go through the experience of feeling unwelcome at school or on a college campus,” said U.S. Secretary of Education John B. King Jr. “This guidance further clarifies what we’ve said repeatedly – that gender identity is protected under Title IX. Educators want to do the right thing for students, and many have reached out to us for guidance on how to follow the law. We must ensure that our young people know that whoever they are or wherever they come from, they have the opportunity to get a great education in an environment free from discrimination, harassment and violence.”
“There is no room in our schools for discrimination of any kind, including discrimination against transgender students on the basis of their sex,” said Attorney General Loretta E. Lynch. “This guidance gives administrators, teachers, and parents the tools they need to protect transgender students from peer harassment and to identify and address unjust school policies. I look forward to continuing our work with the Department of Education – and with schools across the country – to create classroom environments that are safe, nurturing, and inclusive for all of our young people.”
“Our federal civil rights law guarantees all students, including transgender students, the opportunity to participate equally in school programs and activities without sex discrimination as a core civil right,” said Department of Education Assistant Secretary for Civil Rights Catherine E. Lhamon. “This guidance answers questions schools have been asking, with a goal to ensure that all students are treated equally consistent with their gender identity. We look forward to continuing to work with schools and school communities to satisfy Congress’ promise of equality for all.”
“Every child deserves to attend school in a safe, supportive environment that allows them to thrive and grow. And we know that teachers and administrators care deeply about all of their students and want them to succeed in school and life,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “Our guidance sends a clear message to transgender students across the country: here in America, you are safe, you are protected and you belong – just as you are. We look forward to working with school officials to make the promise of equal opportunity a reality for all of our children.”
The guidance explains that when students or their parents, as appropriate, notify a school that a student is transgender, the school must treat the student consistent with the student’s gender identity. A school may not require transgender students to have a medical diagnosis, undergo any medical treatment, or produce a birth certificate or other identification document before treating them consistent with their gender identity.
The guidance also explains schools’ obligations to:
* Respond promptly and effectively to sex-based harassment of all students, including harassment based on a student’s actual or perceived gender identity, transgender status, or gender transition;
* Treat students consistent with their gender identity even if their school records or identification documents indicate a different sex;
* Allow students to participate in sex-segregated activities and access sex-segregated facilities consistent with their gender identity; and
* Protect students’ privacy related to their transgender status under Title IX and the Family Educational Rights and Privacy Act.
At the same time, the guidance makes clear that schools can provide additional privacy options to any student for any reason. The guidance does not require any student to use shared bathrooms or changing spaces, when, for example, there are other appropriate options available; and schools can also take steps to increase privacy within shared facilities.
In addition to the Departments’ joint Title IX guidance, the Department of Education’s Office of Elementary and Secondary Education also released Examples of Policies and Emerging Practices for Supporting Transgender Students, a compilation of policies and practices that schools across the country are already using to support transgender students. The document shares some common questions on topics such as school records, privacy, and terminology, and then explains how some state and school district policies have answered these questions, which may be useful for other states and school districts that are considering these issues. In this document, the Education Department does not endorse any particular policy, but offers examples from actual policies to help educators develop policies and practices for their own schools.
Many parents, schools, and districts have raised questions about this area of civil rights law. Together, these documents will help navigate what may be a new terrain for some.
The documents referenced can be found here:
Dear Colleague Letter on Transgender Students
Examples of Policies and Emerging Practices for Supporting Transgender Students