Across the region, schools and public officials are responding to a letter from the Obama administration directing schools to create safe environments for transgender and gender nonconforming students. Some states, like Iowa, have largely already made the needed changes for inclusive schools.
Wisconsin
Eau Claire school officials reacted to President Obama’s directive to make schools safe for transgender students, WEAU reports:
“We really haven’t had hard and fast rules about how to handle or manage these kinds of situations because we’re working individually with families,” Dr. Mary Ann Hardebeck said, Superintendent of the Eau Claire Area School District. “So the whole thing is in flux; so we await guidelines from the Department of Public Instruction in Wisconsin and now it seems like we’re going to get some guidelines from the federal government.”
But there’s debate over who should be allowed to make these recommendations. Although the new guidelines are not legal requirements, schools who don’t comply risk losing federal aid.
“I think it should be a government thing, its basic civil rights, so I think it should be overruled by the government,” Lawrence McKnight said, a parent in the Eau Claire Area School District.
“I think it should be up to state really to regulate, but I think everybody should be on an equal playing field,” parent James Finn said, a part of the Altoona School District.
The ECASD recently updated its Equal Opportunity Policy by adding the words “gender identity” and “gender expression.”
“Our approach has been to work with families individually, and to try to accommodate students based on their needs,” Hardebeck added. “Each of our schools have single stall restrooms and that’s usually, typically what families have asked for. So we’ll have to see what the new guidelines are and how we can adapt to those and we’ll certainly make accommodations on an individual basis for students.”
One Wisconsin school district was called out by the Obama administration for its support for transgender students, WISN reports:
Shorewood School District was singled out in President Barack Obama’s new directive on transgender students and American schools… Caleb Weinhardt, 16, is a transgender student who said the issue of which bathroom to use isn’t a concern at Shorewood High School, where guidelines similar those from the new federal ones have been in order for about three years.
“I’m allowed to use the bathroom that I prefer to use, and it’s really nice that the school is really supportive of that,” Weinhardt said.
Principal Tim Kenney said he’s pleased that the Obama administration recognized what is known at the high school as the Shorewood Guidelines in its directive to schools about equity for transgender students. The guidelines go beyond bathroom use to address dress codes and harassment policies.
“They refer to it as the bathroom issue,” Kenney said. “For us, it’s not an issue.”
To Kenney, the district’s mention in the guidelines is an honor.
“I’m very, very proud of our school district for being out in front of this,” he said.
Madison area schools reacted to the Obama directive, WKOW reports:
The Madison Metropolitan School District has always been ahead of the federal government on the transgender bathroom issue.
“We always knew we were doing the right thing, because we were doing the right thing for kids – to keep them safe, to keep them affirmed and loved and embraced in school,” said Sherie Hohs, coordinator for the MMSD LGBT+ program.
But Hohs told 27 News that even though MMSD made its own decision to allow students to use the bathroom of the gender they identify with, Friday’s White House directive advising all public schools to take that approach is reassuring for transgender kids.
“They know that the federal government now has their back,” said Hohs.
The Transgender Law Center filed a complaint with the U.S. Department of Education’s Office of Civil Rights after the Kenosha Unified School District barred a transgender student from using the restroom, according to a press release from the organization:
“School is no longer the safe and welcoming place that it used to be. Being banned from the boys’ bathroom is a daily reminder that school administrators see me as someone who is so different from the other students that I’m not even allowed to share a bathroom with them,” said Ashton. “I’ve basically stopped using the bathroom at school altogether, which makes it painful and difficult to get through the school day.”
As the complaint details, the school singled out Ashton from all the other boys by requiring that he use an out-of-the-way bathroom to which no other student has access. At the same time, the school has accepted Ashton as a boy in other parts of campus life, including consistently calling him by the correct name and pronouns and allowing him to run for prom king. Students at Tremper High School have rallied in support of Ashton and are urging the school district to adopt a policy allowing transgender students to use restrooms consistent with their gender identity. An online petition has generated thousands of signatures in support of Ashton’s right to be treated as a boy in all aspects of his life at school.
Transgender Law Center sent the school district a letter a few weeks ago explaining their legal obligations and demanding that Ashton be permitted to resume using the boys’ restroom, or else face legal action. The district refused, and Transgender Law Center filed today’s complaint. The organization is also considering bringing a federal lawsuit against the district.
The Wisconsin LGBT Chamber of Commerce has started a rainbow decal campaign so that businesses can show their inclusiveness of the LGBTQ community, Gay Star News reports:
The Chamber has just launched a new rainbow decal for stores, restaurants and other businesses. The decal features the letters ‘WI’ and the wording, ‘Welcome and Inclusive.
In a statement, the Chamber said that it had launched the decals because, ‘Study after study has shown that LGBT individuals (as well as allies) want to do business with those that share their values. One recent study even concluded that LGBT individuals would be willing to spend up to twice as much on a product or service if they knew the company they were utilizing supported the LGBT community.’
In a statement to Gay Star Business, Wisconsin LGBT Chamber Executive Director Jason Rae said, ‘The response to our Welcoming & Inclusive decals has been overwhelmingly positive. We’ve been hearing from people all over the state – even the country for that matter – who are looking to put one up in their business.
‘With the so-called “Religious Freedom” bills and anti LGBT legislation around the country, businesses that are committed to the LGBT community are very excited to publicly show their support. It’s been great to travel the state and see them in windows and hear consumers speak so positively about them. We are excited to see how this program can continue to grow.’
Capital Times columnist Chris Walker has a message for conservative lawmakers: stop the anti-transgender crusade:
But some lawmakers aim to make the lives of trans people in our state a living nightmare. And they do it under the guise of some questionable arguments. Rep. Jesse Kremer, a Republican from Kewaskum, says that he aims to reintroduce a proposal to ban transgender men and women from using the restrooms that align with their identities in an effort to protect women and children. However, such claims of protecting women’s rights are rendered dubious when you consider that Kremer represents the rightest of the right, and has fought hard against abortion and other health rights for women in the not-so-distant past.
Kremer’s crusade against transgender restroom rights is wrongheaded for another reason: It’s a solution in search of a problem. The type of behavior he claims his bill would deter just doesn’t happen. Even the incidents that Kremer cited in his recent appearance on WPR’s Central Time have been disputed by those more familiar with the events he described.
It’s not as if such a law would be enforceable anyway. As radio personality Mitch Henck points out, trying to do so has its own problems. “How do you know (if someone is transgender)?” he asks. “Are you going to peek under the stall? … Voyeurs aren’t allowed (in restrooms) anyway; there are laws against that.” Regardless of whether a person is trans or not, there are already laws on the books to protect people’s privacy in restrooms and elsewhere.
Iowa
CBS2 Iowa notes that the state already had policies in place prior to Obama’s letter:
For Iowa — a relatively progressive state — the news changes nothing.
“This isn’t new to us here in Iowa,” said Cedar Rapids Community School District Deputy Superintendent Mary Ellen Maske. “There’s been some guidance that came out and what we’re following is the guidance the state has provided.”
The regulations, provided by the Iowa Department of Education in early 2015, has ensured public schools in the state accommodate transgender students and create an atmosphere of acceptance and nondiscrimination.
The Press Citizen notes that the schools in the Iowa City area were already doing what the Obama administration is asking them to do:
Two local school districts say they already follow new federal guidelines concerning the inclusion of transgender students.
Officials at Clear Creek Amana and Iowa City schools say their students can choose which locker room and bathroom to use based on the gender identities they identify.
This comes after the U.S. departments of education and justice released a letter Friday saying the departments will “treat a student’s gender identity as the student’s sex for purposes of Title IX,” the 1972 law that prohibits discrimination based on sex. The letter addresses issues including restroom and locker room usage and participation in gender-specific sports and activities.
MORE: Iowa colleges, universities eye transgender guidelines
While the guidance is not the same as federal law, districts’ access to federal dollars is tied to Title IX and, therefore, the new rules.
The guidelines vary from methods the Solon Community School District used in a situation involving a transgender student two years ago. Officials in that instance reserved a separate staff bathroom for the student, said Superintendent Davis Eidahl.
He said officials worked with the student and family, and the solution was “well-received.”
“It was just a very simple accommodation that resolved a concern and issue,” Eidahl said.
The Des Moines Register has more:
Since 2007, Iowa law has prohibited discrimination based on gender identity, and many schools have already made restroom and locker room accommodations, with some creating private restrooms and changing areas to meet the needs of their transgender students.
But the federal guidelines appear to take the requirement a step farther, requiring public schools to allow transgender students to have access to all restrooms and locker rooms associated with their gender identity. Private restrooms set aside for transgender students are not an acceptable workaround, the administration said.
Nate Monson, executive director of Iowa Safe Schools, which advocates for transgender youth, applauded the Obama administration’s direction, which he said reinforces his group’s efforts. “It’s making sure we are upholding the rights and dignity of all our students.”
The Iowa Department of Education currently instructs public schools that they cannot force students to use a bathroom that reflects the gender of their birth if it does not reflect the gender they identify with. Absent a safety concern, schools should allow the use of a bathroom or locker room that reflects students’ gender identity, said spokeswoman Staci Hupp.
Iowa’s colleges and universities are also looking at the new Obama directive, the Press Citizen reports:
Officials at Iowa colleges and universities are closely reading federal guidance to ensure they are in compliance with requirements for transgender students.
“At this time we don’t anticipate any policy changes, but we are constantly reviewing them to verify that we are in compliance with the law,” Scott Ketelsen, spokesman for the University of Northern Iowa, said via email.
College and university officials in Iowa report that their current human/civil rights policies already require that they offer no disparate treatment of any person because of race, creed, color, national origin, age, sex, disability, sexual orientation or gender identity.
“Grinnell has a long tradition of being progressive about issues of gender identity,” Andrea Conner, Grinnell’s associate vice president for student affairs, said via email. “We are glad to be in compliance with the new guidelines and to see that the federal government agrees with our policies, which match our values.”
That said, they are looking through the specific examples offered in the letter to make sure they are in full compliance with the Obama administration’s interpretation of the law.
“We’re reviewing our practices in light of the guidance,” Anne Bassett, a spokeswoman for the University of Iowa, said via email.
Specifically concerning the question of bathroom use on campus, the schools report having at least informal policies that allow people to use whichever restroom they feel most comfortable with.
“(Kirkwood Community College) respects the gender identity of everyone on campus,” Justin Hoehn, Kirkwood’s marketing director, said via email. “Every person is given access to sex-segregated facilities consistent with their gender identity. In addition, single stall restrooms are available for those that require more privacy.”
Others schools — including Drake University in Des Moines — are in the process of converting all single-stall facilities into gender-inclusive bathrooms.
KWQC looked at the reaction from schools in eastern Iowa:
Davenport Schools says it does have a policy in place but would not explain it further.
United township says the district is already following a policy that allows students to use the bathroom of the gender they identify with.
Meantime Pleasant Valley Superintendent Jim Spelhaug says his district has only dealt with transgender student issues at a guidance level. He says they have not faced a situation yet with a student wanting to use a bathroom that does not match their gender at birth.
Spelhaug says they will wait for further guidance before any decisions are made.
“As we work in the district to provide each and every child as good an education as we can,” Spelhaug said. “We always have to seek a balance between what their needs are and what everyone else’s needs are this issue certainly will not be any different. We’ve got to wait and see what the requirements are what the demands are what the state of Iowa Department of Education tells us.”
A Mason City teen spoke out about what its like to be transgender in one Iowa high school. KIMT has the story:
At age 13 Eliott Bowers from Mason City knew life was going to become different.
“Well it was more of like an exploration I learned a new term transgender. I knew I didn’t really like being called a girl so I started to explore it,” Bowers said.
Bowers who was a female decided to take steps toward becoming a male. Now, at age 17, officially identifying as a male, Bowers uses the men’s room at school.
“In the men’s room there’s just this entire uncomfortable aura of you’re in there to do your business and you need to get out. There’s no standing there chatting with other people like there was in the women’s room,” Bowers said.
That’s becoming a big issue in North Carolina as they asking for anyone who is transgender to use whatever bathroom matches up with the gender they were born with. President Obama doesn’t agree. Sending guidelines to schools across the nation Friday saying transgender students should use the gender bathroom they currently identify with.
“For us it’s not really a change in anything we’ve done. We really treat this by a case by case basis on working with students and their families,” Dan Long, High School Principal at Mason City High School said.
Long says they have had a policy in place at Mason City High School addressing this issue for years. He says Mason City has one of the oldest Gay/Straight Alliance groups in Iowa. When it comes to bathroom use, he says they work with the student and family.
Marshalltown schools were already worked toward gender inclusion before the White House letter, KCCI reports:
Before Marshalltown Community High School received the letter from the White House, they sent an email to parents Thursday about the issue.
The email explained how the school’s new all-gender restrooms will be used and how they will benefit the students.
“Just to feel comfortable, just to feel safe and to feel that their needs are being met,” said Andrew Potter of Marshalltown Schools.
He said that providing access to all-gender restrooms is vital to providing an inclusive atmosphere for students.
“We had some concerns from students about a transgender student who wasn’t comfortable with one gender of a bathroom and went into the other and it made some other students uncomfortable,” said Potter.
After district administration discussed the issue, three restrooms were designated as all-gender. The bathrooms have just one stall and are single use.
KCRG-TV9 surveyed schools in eastern Iowa on the White House letter. Here are the responses:
College Community: Every student of the College Community School District will have equal educational opportunities regardless of gender, sexual orientation, gender identity, marital status, socioeconomic status, geographic location disability, race, national origin, color, religion, and creed.
Waterloo Community School District:
No current policy on bathroom use. The district may add appropriate language as it learns more about the federal directive.
Linn Mar School District: The Board supports the delivery of the education program and services to students free of discrimination on the basis of race, sex, creed, color, national origin, religion, marital status, sexual orientation, gender identity or disability. This concept of equal educational opportunity serves as a guide for the Board and employees in making decisions relating to school district facilities, employment, selection of educational materials, equipment, curriculum, and regulations affecting students.
Cedar Rapids Community School District: The Board supports the delivery of the education program and services to students free of discrimination on the basis of race, creed, color, religion, national origin, marital status, socio-economic status, sex, age, sexual orientation, gender identity, genetic information, or disability. This concept of equal educational opportunity serves as a guide for the board and employees in making decisions relating to District facilities, employment, selection of educational materials, equipment, curriculum, and regulations affecting students.
Iowa City Community School District: The board will not discriminate in its educational activities on the basis of race, creed, color, religion, national origin, gender, age, marital status, sexual orientation, gender identity, veteran status, disability, or socioeconomic status.
The board requires all persons, agencies, vendors, contractors and other persons and organizations doing business with or performing services for the school district to subscribe to all applicable federal and state laws, executive orders, rules and regulations pertaining to contract compliance and equal opportunity.
The board is committed to the policy that no otherwise qualified person will be excluded from educational activities on the basis of race, creed, color, religion, national origin, gender, age, marital status, sexual orientation, gender identity, veteran status, disability, or socioeconomic status. Further, the board affirms the right of all students and staff to be treated with respect and to be protected from intimidation, discrimination, physical harm and harassment.
Marion Community School District: The board will not discriminate in its educational activities on the basis of race, color, national origin, creed, socio-economic status, religion, sex, disability, sexual orientation, gender identity or marital status.
The board requires all persons, agencies, vendors, contractors and other persons and organizations doing business with or performing services for the school district to subscribe to all applicable federal and state laws, executive orders, rules and regulations pertaining to contract compliance and equal opportunity.
The board is committed to the policy that no otherwise qualified person will be excluded from educational activities on the basis of race, color, national origin, socio-economic status, religion, sex, marital status, sexual orientation, gender identity or disability. Further, the board affirms the right to all students and staff to be treated with respect and to be protected from intimidation, discrimination, physical harm and harassment.
Rep. Steve King, a Republican from Western Iowa, said he was calling for a hearing on the directive, according to the Hill:
Rep. Steve King (R-Iowa) on Friday said he would likely call a hearing on President Obama’s directive telling public schools to allow transgender students to use bathrooms that match their gender identities.
“I oppose that piece of policy. I think … it is an executive overreach,” King said on C-SPAN Friday. “And it’s a topic we’re likely to bring up in a future hearing before the task force that I chair.”
The directive, while it doesn’t bear the force of law, carries a threat: Schools that don’t comply could face lawsuits or a loss of federal aid for breaching Title IX requirements.
South Dakota
Sioux Falls’ schools say the letter won’t affect the district since that’s how they currently operate, but the governor called it an overreach, the Argus Leader reports:
South Dakota officials rejected a letter Friday from the U.S. Department of Education saying that schools must be allowed to use the bathroom that corresponds with their gender identity.
But Superintendent Brian Maher said the decision won’t change the way Sioux Falls schools operate.
Maher called the letter a “reaffirmation” of students’ right to privacy.
“I don’t think it changes the way we operate our schools because of the position we’re in to respect the privacy rights for all students,” Maher said.
On Friday, the department, along with the U.S. Department of Justice, sent a “dear colleague” letter to school districts laying out the ways a student’s gender identity are protected under the Title IX law.“This is another overreach by the Obama administration. … If the president believes this should be the law, he should propose a bill to Congress,” said Tony Venhuizen, chief of staff for Gov. Dennis Daugaard.
The letter comes in the wake of lawsuits between North Carolina and the Department of Justice over the state’s law requiring people to use public restrooms consistent with the sex on their birth certificate, rather than the gender with which they identify.
North Dakota
North Dakota Democrats are planning to introduce a bill banning discrimination based on sexual orientation, WDAY reports:
North Carolina’s bill mandating bathroom use based on the gender listed on one’s birth certificate is making national news, with the U.S. Justice Department saying the law is unconstitutional.
A bill introduced during the 2015 legislative session in North Dakota would have banned discrimination based on sexual orientation, and would have made a law similar to the one in North Carolina illegal.
But that bill, Senate Bill 2279, failed by a 56-35 vote. Now a Fargo lawmaker expects it to be reintroduced during the 2017 session.
SB 2279 would have amended the state Human Rights Act to include language banning discrimination based on sexual orientation. It was the third attempt in six years to prohibit such discrimination.
Rep. Josh Boschee, D-Fargo, who helped craft SB 2279, said lawmakers plan to re-introduce the bill when the Legislature next convenes in January.
“We know North Dakotans overwhelmingly were upset that we didn’t pass something last session,” Boschee said. “They’re supportive of making sure that LGBT North Dakotans can’t be fired from their jobs or denied service anywhere in the public.”