200275123-001In a joint letter issued February 22, 2017, the Departments of Education (ED) and Justice (DOJ) withdrew prior Title IX guidance from the Obama administration that required schools receiving federal funding to allow students to use sex-segregated facilities according to their gender identity, as opposed to their anatomical birth sex. To learn more, please visit

school-suppliesiStock_000069722103_LargeGavin Grimm, a transgender male high school student in Virginia, convinced the Fourth Circuit Court of Appeals that he must be allowed to use the men’s bathroom at school; however, the Supreme Court recently issued a stay, which is to say to Grimm, “Let’s wait a minute; is this really required by federal law?

As schools attempt to navigate the varied, and often conflicting, views and authorities regarding transgender students’ use of bathrooms and locker rooms, one thing all sides can agree on is that clear guidance from SCOTUS would help schools know where they stand. That guidance may be coming next term. This is particularly true now that a federal district court in Texas has disagreed with the Fourth Circuit.
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