Education Department is flushing transgender students’ complaints

The U.S. Education Department confirmed in February that it is no longer investigating — or taking any action on — complaints from transgender students about school-based discrimination.

Specifically, the department overseen by Education Secretary Betsy DeVos is not taking action on complaints from transgender kids banned from using restrooms that correspond with their gender identity.

“While civil rights advocates have suspected that the Department of Education was not acting on complaints brought forward by transgender students, reports that these violations are completely being ignored are reprehensible,” Human Rights Campaign legal director Sarah Warbelow said.

“The department’s failure to act conflicts with the law in multiple jurisdictions, including federal circuits, and further emboldens those who seek to discriminate against transgender students. Once again, Secretary DeVos proves she is not interested in protecting transgender students and instead is choosing to advance the dangerous Trump-Pence anti-LGBTQ agenda,” Warbelow added.

“The facts now on the table are devastating, though by now unsurprising,” stated Eliza Byard, executive director of GLSEN, a national LGBTQ education group.

Kenosha boy prevails in 7th Circuit

U.S. appeals courts in the 6th and 7th Circuits have ruled transgender students are covered under Title IX of the Education Amendments of 1972. 

Wisconsin is in the 7th Circuit, which ruled in favor of transgender student Ash Whitaker, who sued the Kenosha Unified School District after he was barred from using the boy’s restroom in his high school.

Whitaker — and his legal representation at the Transgender Law Center and Relman, Dane & Colfax PLLC — argued the school’s discrimination violated Title IX of the Civil Rights Act and the Equal Protection Clause of the U.S. Constitution. 

Last June, the 7th Circuit Court of Appeals issued a landmark ruling that KUSD illegally singled Whitaker out for discrimination because he is transgender.

Whitaker graduated the same month.

In January, a settlement was announced which requires KUSD to make a monetary payment of $800,000 for the harm Ash experienced as a student and his reasonable attorneys’ fees and costs, according to the TLC.

“This settlement sends the clear message to all school districts that discriminating against transgender students is against the law and harms students who simply want to go to school,” said Joseph Wardenski of Relman, Dane & Colfax.

Warbelow said the Education Department must enforce court decisions such as the order out of the 7th Circuit and accept complaints that allege civil rights violations.

Meeting DeVos

A year ago, GLSEN worked with other organizations to coordinate a meeting involving DeVos, transgender students and their parents. In that meeting, according to a statement from Byard, DeVos expressed empathy for the struggle of transgender students and promised to ensure transgender students were protected from harassment and discrimination.

Vanessa Ford was a parent at the meeting.

“Last March, my family took time to meet with Secretary DeVos at the Department of Education. She sat across the table from our family, and two other families, and expressed deep concern over the well-being of transgender students, like my daughter, Ellie,” Ford said. “During that meeting, DeVos looked me in the eyes and assured me she had my daughter’s safety in mind.”

Now, Ford said, it is clear “DeVos’ Department of Education has no desire to protect Ellie or the thousands like her.”