Education Law Prof Blog: Office Civil Rights in Position to Make Equal Access for Transgendered Students National
Last year, the Maine Supreme Court upheld a legal challenge by a transgendered student who argued that her exclusion from the girl's bathroom violated Maine's Human Rights Act. On remand, she was also awarded $75,000 in damages. Earlier this month, the ACLU filed administrative complaints with the Department of Education's Office for Civil Rights and the Department of Justice, alleging that a similar exclusion in the Gloucester County Public Schools in Virginia amounts to sex discrimination in violation of Title IX. Because the Maine case was decided on state law, it had no direct impact elsewhere. A positive finding by OCR, however, would prompt change across all states. OCR has been aggressive in enforcing the law under Assistant Secretary Lhamon, but given the new ground this complaint might break, I would expect this complaint to proceed slowly to allow for careful investigation and deliberation.
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