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Giving Compass' Take:
• Natalie Schwartz warns that even if the Trump administration removes protections for trans students under Title IX, colleges and universities may want to strengthen their own policies.
• How can funders best protect the rights of all students? Why would the administration want to strip protections for trans students?
• Learn about schools supporting options for trans students.
In October, a leaked memo revealed the Trump administration is crafting a narrow definition of gender under Title IX that would be determined by sex at birth and verified through a birth certificate or genetic testing — a move that would leave the some 1.4 million Americans who are transgender without key federal civil rights protections.
Title IX, the federal anti-sex discrimination law colleges must follow if they receive federal funds, does not currently define sex. If the agency drafting the memo, the Department of Health and Human Services (HHS), is successful in implementing the definition and other agencies such as the Department of Education follow suit, transgender individuals could be excluded from protections that extend to almost every corner of college life, including admissions, housing, sports and bathroom and locker room policies.
But even if the definition is adopted, colleges and universities would not be required to loosen institutional protections for their transgender students, legal and higher education experts interviewed for this story said. In some cases, they should even consider strengthening them.
"No amount of changes in the regulation would affect the constitutional rights that students have, including transgender students," said Paul Castillo, a senior attorney and students' rights strategist at Lambda Legal. "Those institutions would be well-advised to continue promoting diversity in their campuses and adopting nondiscrimination policies."
Read the full article about Title IX changes removing protections for trans students by Natalie Schwartz at Education Dive.