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Atty Gen. Bill Schuette's Lawsuit Ignores the Facts: Transgender Students Thrive in Safe, Affirming Schools

By Charin Davenport, Coleen Young, Rebecca Jayne Veal, Lisa A. Goyette, Ginger Clifton, Sara Jacobs, Jayne Locke

At some point during the typical school day, virtually every teacher is going to give at least one student a pass to use the bathroom. When students visit the bathroom they want privacy, safety and respect. It's what every student deserves and what parents trust their schools will provide for their children.
Unfortunately, for many transgender students, who already face high rates of harassment and discrimination, something that should be a daily routine can subject them to even more abuse when the bathroom they are made to use is not consistent with their gender. Some have suggested separate restroom accommodations for transgender students, but such a policy forces trans students to reveal their transgender identity and can make them even more vulnerable.
For too many transgender students, one way to avoid having to use a gender inappropriate bathroom has been to not eat or drink anything for an entire school day. Having to make such a choice is more than just disruptive; it can damage a Transgender child's health and can bring a child's education to a screeching halt.
Ultimately, continued bullying and harassment, as well as discrimination, results in lower GPAs and excessive absenteeism. Transgender students are also less likely to participate in extra-curricular activities such as sports, field trips and special events. Feeling more and more isolated, many drop out altogether.
Though it is true that no single group of students is more at risk in our public schools than transgender students, there is no good reason for that to continue to be the storyline. In fact, a significant body of research shows that transgender students thrive socially and academically in safe and affirming learning environments. Not only are they more likely to graduate high school, but they are also better prepared for college and a meaningful adult life.
The truth is, transgender students deserve a fair shot at succeeding academically. However, until very recently, the vast majority of schools had no policy on the use of bathrooms by transgender students, and decisions were typically made on a case-by-case basis. At the request of school administrators and school boards, as well as parents and community leaders, the United States Department of Education and Department of Justice issued guidance in the form of a letter sent to every school district. The letter provided long-awaited guidelines and strongly urged schools to adopt policies in accordance with Title IX regulations, stating that "transgender students must be allowed to participate in such activities and access such facilities consistent with their gender identity."
Sadly, Michigan Attorney General Bill Schuette responded to this crisis in our education system by joining nine other states in a lawsuit against the United States government. Under the guise of "states' rights", the lawsuit claims that the Federal government has overstepped its authority. This is an old argument and we have seen it before.
We are all stakeholders when it comes to the education of our children, but the stakes are especially high for Transgender students. All adults, especially those in leadership positions, including Michigan Attorney General Bill Schuette, have a responsibility to protect our youth and those who are the most vulnerable in our public schools. The lawsuit only exacerbates the hostile climate that already exists for so many transgender students and threatens to further undermine their education.
This isn't complicated. Transgender students have always attended public schools. Transgender girls are girls, and Transgender boys are boys. Students should be able to use the restroom that is consistent with their gender identity. Any alternative discriminates against transgender students and puts them at risk of harassment and violence, and no child should ever be forced to decide between their education and their safety.

Signed,
Charin Davenport, Trans Advocate and Lecturer at Oakland University, Hazel Park, MI
Coleen Young, Ally Parent and Retired Teacher, Wayland, MI
Rebecca Jayne Veal, Transgender Advocate, U.S. Army veteran. Flint, MI
Lisa A. Goyette, Ally Parent, Lake Orion, MI
Ginger Clifton, Ally Parent, Portage MI
Sara Jacobs, Ally Mom, Kalamazoo, MI
Jayne Locke, Transgender Advocate, Howell, MI

Online Resources:

"Harassment of Transgender People in Bathrooms and Effects of Avoiding Bathrooms", National Center for Transgender Equality, http://www.ustranssurvey.org/preliminary-findings/

The 2013 National School Climate Survey, A Report from the Gay, Lesbian & Straight Education Network, http://www.glsen.org.

Safe Schools Policy for LGBTQ Students, A Social Policy Report from the Society for Research and Child Development,http://www.srcd.org.

"Dear Colleague Letter on Transgender Students", U.S. Dept. of Justice and U.S. Dept. of Education http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf

"Schuette Joins Coalition Challenging Federal LGBT Youth Guidance In Schools," PrideSource.com

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