Title IX Protections for Transgender Students

Title IX is a pivotal federal civil rights law that prohibits sex discrimination in educational programs. It has been used as a basis to ensure transgender students are treated fairly according to their gender identity, including access to facilities, participation in sports, and adherence to preferred names and pronouns. Although protection under Title IX remains in question, state laws and school policies often address transgender students’ rights.

Title IX protects students from discrimination in schools on the basis of sex. Depending on who’s in the White House, Title IX protections may extend to transgender students and other LGBTQ+ students. In this article, we explore the development of Title IX protections for transgender students.

What Is Title IX?

Congress enacted Title IX in 1972. It says that no one should face sex discrimination in education programs or activities that receive federal money. This means most public and many private schools from elementary to college level.

The law applies to all aspects of education. This can include:

  • Admissions
  • Financial aid
  • Academic programs
  • Athletics

While it covers many more areas, it’s important to understand that at its core, Title IX aims to ensure that no student is treated unfairly based on their sex or gender in the educational setting.

Enforcement of Title IX

The U.S. Department of Education’s (DOE) Office for Civil Rights (OCR) is primarily responsible for enforcing Title IX. The OCR investigates complaints of sex-based discrimination at schools.

The Department of Justice (DOJ) can also enforce Title IX. The DOJ may get involved in particularly significant cases and/or those involving a pattern of discrimination.

Students and their families can also file private lawsuits in federal court to enforce their rights under Title IX.

Some states have their own laws and agencies that enforce similar protections.

Impact of Title IX

Title IX is perhaps best known for its impact on sports. Congress originally passed it to ensure equal opportunities for girls and women in sports and education.

Over time, its use has expanded to protect students from sexual harassment and assault in the school environment.

In 2016, Title IX protections began to extend to transgender students.

What Does Transgender Mean?

The term "transgender" or “trans” doesn't have one single legal definition that's used everywhere.

However, the laws and courts often interpret it to mean a person whose gender identity is different from the sex they were assigned at birth. For example, someone designated male at birth who identifies as female is trans.

It’s important to note that being transgender is about a person's inner sense of their gender. It’s not about their body or how they look.

One’s transgender status doesn't depend on whether they had surgery or take hormones. While some people who are transgender do these things, some don't.

It's also distinct from sexual orientation. It’s not about sexual attraction. Being transgender is about gender identity.

Timeline - Title IX and Transgender Students

Title IX protection for transgender students has been dynamic. It has varied based on presidential administrations and court decisions.

2016

The DOE and DOJ under President Barack Obama jointly issued new guidance on Title IX in 2016. It said Title IX protections extended to transgender students.

The guidance instructed schools to treat transgender students according to their gender identity, including allowing them to use restrooms and locker rooms of their choosing.

2017

The following year, President Donald Trump rescinded the 2016 guidance. This basically left it up to the states and school districts to set their own policies regarding trans students.

2020

Three years later, the U.S. Supreme Court decided a related matter in Bostock v. Clayton County (2020).

The case centered around Title VII, another federal civil rights law that prohibits sex discrimination in employment. The Supreme Court ruled that Title VII’s protections extend to discrimination based on gender identity and sexual orientation.

While this case was about employment, it shed light on potential interpretations of Title IX.

2021

The following year, President Joe Biden issued an executive order stating that the rationale behind Bostock also applies to Title IX. This effectively extended Title IX protections to transgender students.

2021-2024

For the next three years, the Biden administration and DOE worked toward implementing new rules formalizing these protections. And in 2024, they issued new Title IX regulations extending protection to transgender students.

How Can Title IX Protect Transgender Students?

Title IX protections for transgender students aim to create a safe and supportive environment for transgender students to learn and grow.

With Title IX protection, schools that receive federal funding must treat transgender students according to their gender identity.

This can affect:

  • Names and pronouns: Schools must use the name and pronouns a transgender student prefers.
  • Restrooms and locker rooms: Transgender students must be allowed to use facilities that match their gender identity.
  • Sports teams: Schools must allow transgender students to join sports teams aligned with their gender identity.
  • Dress codes: Schools may not force transgender students to follow dress codes that don't match their gender identity.
  • Privacy: Schools must keep a student's transgender status private unless the student gives permission to share it.
  • Bullying and harassment: Schools must protect transgender students from bullying and harassment based on their gender identity.

However, the expansion of these protections to trans students has faced varied opposition.

Challenges

Some parents and community members have pushed back on these protections. They argue that they infringe on the rights of other students or go against their personal beliefs.

Some challenges focus on restroom and locker room access. Opponents cite concerns about privacy and safety related to sharing facilities with transgender students.

Title IX protections for transgender students in the context of sports have also sparked ongoing debate. Critics claim transgender athletes, particularly transgender girls and women, should compete on teams that match their sex at birth.

This opposition has sparked legal challenges from several states, leading to court cases and policy changes.

State Response

Some states passed laws conflicting with Title IX protections for transgender students.

For example:

In addition, several states sued the federal government. They claimed it didn’t have the authority to extend Title IX protections to gender identity and sexual orientation.

State of Tennessee v. Cardona

In 2025, federal Judge Danny Reeves heard one such case brought by six states. Led by Tennessee Attorney General Jonathan Skrmetti, the plaintiffs were:

  • Tennessee
  • Kentucky
  • Ohio
  • Indiana
  • Virginia
  • West Virginia

Judge Reeves blocked the Biden administration’s Title IX rules for trans students. He said the education department exceeded its authority when it extended the Title IX protections to gender identity.

This was a major setback for transgender students, their families, and other allies.

State Protections

However, the decision doesn’t block all protections. Some states have their own anti-discrimination laws that protect transgender students.

For example, California passed such a law back in 2013. It ensures that transgender students can participate in sex-segregated programs and activities consistent with their gender identity. This includes sports teams and facilities.

School Policies

Many school districts and colleges have adopted policies to support transgender students. These policies often include provisions for:

  • Using students' chosen names and pronouns
  • Access to appropriate facilities
  • Protections from bullying and harassment

As a general rule, schools must adhere to their own policies to ensure a safe and inclusive environment for all students.  

If a school violates its own policy protecting transgender students against discrimination, a few different things can happen.

Grievance Procedures

Schools typically have grievance procedures in place for students to report discrimination. If a transgender student files a complaint, the school must investigate and address the issue.

Loss of Funding

If a school is found to be in violation of state or federal anti-discrimination laws, such as Title IX, it can risk losing its funding. Governmental agencies can enforce compliance with state and federal laws by withholding funds until the school fixes the problem.

Reputational Damage

Schools that fail to protect transgender students may also suffer reputational damage. This can impact student enrollment, community support, and overall trust in the institution.

Impact on Students

Violations of anti-discrimination policies or laws can have severe emotional and psychological impacts on transgender students and others. This can lead to several consequences, including:

  • Increased rates of absenteeism
  • Lower academic performance
  • Higher risks of mental health issues

With much to lose, schools generally seek to comply with their own policies.

Legal Action

However, trans discrimination in violation of school policy or applicable law can occur. If it does, a transgender student or their family may also pursue legal action against the school.

This could involve taking the matter to court or filing a complaint with the state and/or federal departments of education.

Schools found in violation of anti-discrimination policies can face legal penalties and be required to take corrective action to fix the problems.

What Can You Do?

If you’re a trans student facing discrimination in the educational setting, it can be to identify your best course of action.

The most effective way to proceed will depend heavily on several factors. Some of the most important ones are:

  • School policy
  • State law
  • Current Title IX interpretation

The details of the unfair treatment are also critical in determining your next steps.

But you don’t have to go it alone.

Many schools have LGBTQ+ student organizations that can provide community and advocacy. You may find that other students at your school have experienced similar issues. This type of supportive environment may provide some insight into patterns and the effectiveness of certain remedies available to you.

Getting Legal Help

The legal landscape surrounding trans discrimination in our schools remains dynamic. And protections to which you may be entitled are often unclear against this backdrop.

To best understand your options, you’ll want to discuss your situation confidentially with a civil rights attorney who’s well-versed in education law.

While finding someone that fits the bill may sound overwhelming, it doesn’t have to be. Findlaw’s directory of civil rights attorneys can get you started. Just click on the state where your school is located to view contact information for several local attorneys who want to help.

Your rights are important. Assert them with a skilled and compassionate advocate. 

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