LBUSD Says It Already Complies With These Obama Admin Required Practices On Transgender Issues

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(May 13, 2016) -- The Long Beach Unified School District (LBUSD) says it's already in compliance with a document sent today (full text below) to schools nationwide by the Obama administration's Dept of Justice Civil Rights Division and Dept. of Education Office of Civil Rights -- described by the federal agencies as a "significant guidance" and carrying the threat of loss of federal funds if not obeyed -- requiring schools to treat a student's transgender status (the student's self-identification of their gender regardless of their birth certificate listed gender) in ways the agencies say don't discriminate under Title IX of the Education Amendments of 1972.

The release quotes U.S. Attorney General Loretta Lynch as saying:

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.

The Obama administration's Secretary of Education, John B. King, Jr. is quoted as saying: "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.:

LBUSD spokesman Chris Eftychiou provided LBREPORT.com with the following emailed statement in response to our request for comment on the impact on LBUSD of the federal agencies' "significant guidance":

[Scroll down for further.]

[LBUSD statement] The letter affirms our practice, which is to follow existing law.
Our school district already complies with the letter's guidance on facilities such as restrooms. We allow students to use restrooms based upon the gender that they identify with, and we provide other options such as single-user restrooms if students want more privacy.
As the letter states, the aim is to create and sustain inclusive, supportive, safe and nondiscriminatory communities for all students. That's important to us, and it's central to our daily work.

In a release, the federal agencies state:

[Release text] 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.

To view the federal agencies "significant guidance" in full, click here.

In addition to the "significant guidance," the U.S. Department of Education's Office of Elementary and Secondary Education released a 19 page document titled "Examples of Policies and Emerging Practices for Supporting Transgender Students" which doesn't endorse any particular policy, but cites examples from actual policies by school districts it says should "help educators develop policies and practices for their own schools." Some examples:

In a section on "How do schools confirm a student's gender identity?" the document states, "Schools generally rely on students' (or in the case of younger students, their parents' or guardians') expression of their gender identity. Although schools sometimes request some form of confirmation, they generally accept the student's asserted gender identity."
In a section on "How do schools ensure that a transgender student is called by the appropriate name and pronouns?" the document states: "One of the first issues that school officials may address when a student notifies them of a gender transition is determining which name and pronouns the student prefers. Some schools have adopted policies to prepare all school staff and students to use a student's newly adopted name, if any, and pronouns that are consistent with a student's gender identity."
And in a section on "Sex-Segregated Activities and Facilities" discussing "How do schools ensure transgender students have access to facilities consistent with their gender identity?" the document states: "Schools often segregate restrooms and locker rooms by sex, but some schools have policies that students must be permitted to access facilities consistent with their gender identity and not be required to use facilities inconsistent with their gender identity or alternative facilities."

To view the federal Dept. of Education's 19 page "Examples of Policies and Emerging Practices for Supporting Transgender Students" in full, click here.

Whether these policies will remain or change under a new administraion after the November 2016 election remains to be seen.