Transgender Bathroom Access Won't Change in Montgomery County Schools

ROCKVILLE, MD — No changes will be made to transgender bathroom usage in Montgomery County Public Schools following President Donald Trump's revocation of a measure that urged public schools to allow transgender students use the bathrooms of their choice. In May 2016, the Obama administration issued a guidance letter to schools nationwide which said that all students should be allowed to use restrooms which were consistent with their gender identity under federal Title IX protections — a stance Montgomery County had taken before the White House did so.

On Wednesday, President Trump announced his decision to repeal Obama’s guidance letter. The issue has already found its way to the courts, with students in Maryland and Virginia among those filing lawsuits last year to gain access to use of the restroom that corresponds with their gender identity.

Montgomery County Public Schools have followed the Obama administration's guidelines on transgender restroom and locker room use, and school leaders said Thursday they have no plans to change the policy.

Montgomery County Board of Education President Michael Durso and Montgomery County Public Schools Superintendent Jack Smith released a statement reaffirming their commitment to provide a safe and welcoming learning environment for all students, in response to the Trump administration’s decision.

The statement discusses how MCPS developed Guidelines Regarding Student Gender Identity Matters before the Obama administration's guidance.

"Our MCPS guidelines will remain in place notwithstanding the Trump administration's recent actions," the statement reads. "In our schools, they have provided a workable and consistent framework for MCPS staff to work together with parents and guardians to support students so they may actively participate in school life consistent with their asserted gender identity."

MCPS aims to support students so they can participate in school life consistent with their asserted gender identity.

The guidelines state MCPS will respect the right of students to keep their gender identity or transgender status private and confidential; reduce stigmatization and marginalization of transgender and gender nonconforming students; foster social integration of transgender and gender nonconforming students; and provide support for staff members to enable them to appropriately and consistently address matters of student gender identity.

There is a specific section of the guidelines addressing gender-separated areas. This states that students must be provided access to gender-specific facilities—such as bathrooms, locker rooms and changing rooms—in alignment with their consistently asserted gender identity.

MCPS states that any student who is uncomfortable using a shared facility because of safety, privacy or any other reason will be provided a safe and non-stigmatizing alternative arrangement such as a single bathroom or a privacy partition or curtain in changing areas.

For students who feel uncomfortable with a transgender student using the same sex-specific facility, school administrators and counseling staff "should work with students to address the discomfort and to foster understanding of gender identity and to create a school culture that respects and values all students."

"This discomfort is not a reason to deny access to the transgender student," the guidelines state.

The guidelines also suggest that schools should allow a transgender or gender-nonconforming student to go to a safe space, like the main office or a counselor's office at any time the student encounters a situation they feel is unsafe or uncomfortable.

You can find the MCPS guidelines here.

Even as some state bans on transgender bathroom usage have been taken to court, students have also filed federal lawsuits in several states taking on the bans. The plaintiffs say that forbidding transgender students from using the facilities of the gender they identify with is a violation of Title IX, which bars sex discrimination in public schools.

One such lawsuit was filed in July 2016 by a 14-year-old from Talbot County, Maryland, who claims he was barred from using the boys’ locker room at St. Michaels Middle School. Instead the student used a unisex restroom to change for physical education, which made him late for class, and stigmatized him, the student’s attorney told The Washington Post.

The U.S. Supreme Court may consider the lawsuit of a Virginia transgender student who is seeking legal permission to use the bathroom that matches his gender identity. Gavin Grimm identifies as a boy, but the Gloucester County School Board would require him to use the girls’ bathroom due to his "biological gender."

In the most high-profile bathroom bill case, North Carolina and the Department of Justice have filed lawsuits against each other over the state's new law that restricts bathroom and locker room usage for transgender people.

Additional reporting from Patch Editor Deb Belt.

Image credit: Scott Beale via Flickr / Creative Commons