In a legal memo distributed on June 16, 2021 by the U.S. Department of Education, schools may not discriminate against students due to their sexual orientation or gender identity. Schools that violate this inclusive interpretation of Title IX may cause harm, the notice indicated.

However, in protecting LGBTQ students’ rights in schools, there are a few grey areas. School districts “need more specific guidance on transgender-student issues like restroom access and sports teams,” said Francisco M. Negrón, Jr., the chief legal officer for the National School Boards Association in a letter to the agency. To some states around the country, this broad interpretation of Title IX may spark debate around these issues.

If you believe you have been discriminated against based on gender, gender identity, or sexuality, give us a call at (855) 244-2031 to speak with an experienced attorney. Your consultation is free.