EDUCATION LAW- Transgender Students Bathrooms in Schools

EDUCATION LAW- Transgender Students Bathrooms in Schools

Summary of Article

The clip, Supreme Court Declines to Weigh in on Battle Over Bathrooms for Transgender Students, reviews a case brought before the Supreme Court against the laws relating to transgender issues in schools. The case was presented by the Indiana school district to the Supreme Court to convince the Supreme Court justices to give their opinion on the laws regulating the use of bathrooms for transgender students (Washington Post, 2024). The questions raised in the case included whether bathroom restrictions violated the equal protection clause in the Constitution and the law prohibiting discrimination in schools eligible for state funding. The lawyers representing the transgender students in Indiana school district argued that the court should not take the case because the student was already in high school and was free to use the restroom they preferred (Washington Post, 2024). The student’s legal representative argued that the school’s policy on the use of bathrooms for transgender denied the transgender students the freedom to be themselves. The judges concluded that the Supreme Court would continue applying the standards applied in a ruling made in 2017 allowing transgender high school students in Wisconsin to use boys’ restrooms (Washington Post, 2024). However, that was not the first time the Supreme Court denied a case. In 2021, the high court decided to ignore reviewing a ruling from the United States Court of Appeals for a case involving a transgender boy. The court concluded that using bathroom restrictions at Virginia schools was discriminatory.

Recommendations as a School Lead/District Leader

The Supreme Court’s decision to uphold the ruling made in 2017 allowing transgender students to use the boys’ restroom was a good idea because it would prevent discrimination against transgender students. The decision also created an opportunity for transgender students to coexist with other students without revealing their gender identity because they could choose the restroom they wanted to use. The Supreme Court’s decision not to review the ruling was also a good idea because revealing the ruling would suggest that the court intends to support freedom limitations for transgender students by allowing schools to prevent transgender students from using boys’ restrooms. Therefore, the Supreme Court could not weigh on the issue of transgender laws by providing any opinion about existing laws because it is required to uphold laws that protect people’s rights and prevent discrimination.

The Supreme Court’s ruling that transgender students can use the boys’ restroom calls for various action plans to protect transgender students. As a building leader, I would consult my charter school’s lawyer about the laws that apply to gender-neutral bathrooms in schools and implementing a gender-neutral bathroom. According to Francis et al. (2022), gender-neutral bathrooms prevent assault and bullying of sexually gender-diverse students and related mental and physical health problems. The second action that I would take is advocating for the use of policies that clearly state that transgender students can use the bathrooms that align with their identity to prevent creating an environment where transgender students feel that their freedom is limited. I would also use my position as district leader to recommend a standard structure for building restrooms in all district schools. The standard structure would include specific features that enhance the gender neutrality of the bathrooms. For instance, I would recommend using gender-neutral colours in the bathrooms, clear signage, and building individual bathrooms instead of multi-stalls. I would also use my position as a school leader to create an all-gender bathroom policy that would focus on designating the individual bathrooms in the schools as all-gender bathrooms.

References

Francis, J., Sachan, P., Waters, Z., Trapp, G., Pearce, N., Burns, S., Lin, A., & Cross, D. (2022). Gender-neutral toilets: A qualitative exploration of inclusive school environments for sexuality and gender diverse youth in Western Australia. International Journal of Environmental Research and Public Health, 19(16), 10089. https://doi.org/10.3390/ijerph191610089

Washington Post. (2024, January 16). Supreme Court declines to weigh in on battle over bathrooms for transgender students. The Washington Post. https://apnews.com/article/supreme-court-transgender-bathrooms-indiana-

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This assignment is for an Education Law class where we review different cases related to education and the NYS laws such as Brown vs. Board of Education.  For this paper, we are expected to:

Briefly comment (a couple of paragraphs, see (a) and (b) below) on one entry from weekly emailed “Legal Clips” of Education Law news. After browsing the headlines, read the full chosen Clip and then write a response without the use of Artificial Intelligence applications providing (a) a short summary (a paragraph) of the Clip for those who haven’t read it and, more importantly, (b) your reaction as it applies to Education Law & Leadership practice including your suggested actions/action plans (two paragraphs) if the issue was presented to you as a School or District Leader.

EDUCATION LAW- Transgender Students Bathrooms in Schools

Keep in mind the NYS law when answering the question/commenting.

NEW YORK STATE EDUCATION LAW about GENDER/SINGLE OCCUPANCY of BATHROOM: (Civil Rights Law § 79-N) 

* §  79-p. Gender-neutral single-occupancy bathroom facilities. 1. All

single-occupancy bathroom facilities located in public places, including

but not limited  to  those  located  in  restaurants,  bars,  mercantile

establishments,  or factories, shall be designated as gender-neutral for

use by no more than one occupant at a time or  for  family  or  assisted

use.  For  purposes  of  this section, “single-occupancy bathroom” shall

have the same meaning as paragraph (d) of subdivision one of section one

hundred forty-five of the public buildings law.

2. Such gender-neutral bathroom facilities shall be clearly designated

by the posting of such on or near the entry door of each facility.

* NB There are 2 § 79-p’