The U.S. Department of Education and Department of Justice letter released on January 22, 2017 removes previous guidelines concerning access to sex-segregated facilities based upon gender identification.
“The new letter has no effect on the vast majority of private schools” as clarified by Joe McTighe, Executive Director of the Council for American Private Education (CAPE).
Concerns over potential loss of protection for students are addressed in the letter, which includes the following:
“…withdrawal of these guidance documents does not leave students without protections from discrimination, bullying, or harassment. All schools must ensure that all students, including LGBT students, are able to learn and thrive in a safe environment. The Department of Education Office for Civil Rights will continue its duty under law to hear all claims of discrimination and will explore every appropriate opportunity to protect all students and to encourage civility in our classrooms. The Department of Education and the Department of Justice are committed to the application of Title IX and other federal laws to ensure such protection.“
