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transgender students and Trump Administration guidance
Some coeducational institutions used different admissions standards for male and female applicants. In 2009, the United States Civil Rights Commission launched an investigation into whether college admissions policies discriminated based on gender.<ref>{{cite news|url=http://www.usnews.com/news/articles/2009/11/18/us-civil-rights-commission-investigates-college-admission-bias|title=
Some coeducational institutions used different admissions standards for male and female applicants. In 2009, the United States Civil Rights Commission launched an investigation into whether college admissions policies discriminated based on gender.<ref>{{cite news|url=http://www.usnews.com/news/articles/2009/11/18/us-civil-rights-commission-investigates-college-admission-bias|title=
U.S. Civil Rights Commission Investigates College Admission Bias|first=Zach|last=Miners|date=November 18, 2009|accessdate=August 30, 2012}}</ref>
U.S. Civil Rights Commission Investigates College Admission Bias|first=Zach|last=Miners|date=November 18, 2009|accessdate=August 30, 2012}}</ref>
==Transgender students==
The Obama Administration issued a guidance letter taking the position that Title IX protected the rights of transgender students. In particular, grade schools receiving federal aid should allow students to use bathroom and locker facilities of their current gender rather than the gender indicated on their birth certificates. In response, North Carolina passed a law taking the opposite view, and 13 states sued the federal government and won an injunction blocking enforcement of Title IX on this issue.<ref name=trans>{{cite news|url=https://www.washingtonpost.com/local/education/trump-administration-rolls-back-protections-for-transgender-students/2017/02/22/550a83b4-f913-11e6-bf01-d47f8cf9b643_story.html|title=Trump administration rolls back protections for transgender students|date=February 22, 2017|accessdate=February 22, 2017|work=Washington Post}}</ref>
Donald Trump campaigned on leaving the access to bathrooms issue up to state and local governments. He also stated that "Caitlyn Jenner could use whichever bathroom she wanted to at Trump Tower."<ref>{{cite web|url=https://www.whitehouse.gov/the-press-office/2017/02/22/press-briefing-press-secretary-sean-spicer-2222017-14|title=Press Briefing by Press Secretary Sean Spicer, 2/22/2017, #14|date=February 22, 2017|accessdate=February 22, 2017}}</ref> On February 22, 2017, federal Education and Justice Department official notified the Supreme Court that the administration is ordering the nation’s schools to disregard memos the Obama administration issued during the past two years regarding transgender student rights. The Trump Administration also sent a letter to all school systems receiving federal aid saying that the earlier directive needed to be withdrawn because it lacked extensive legal analysis, did not go through a public vetting process, sowed confusion and drew legal challenges. However, the Title IX guidance regarding bullying and the need to provide a safe environment for all students, including transgender students remains in place. Education Secretary Betsy Devos stated that the Department of Education's Office for Civil Rights “remains committed to investigating all claims of discrimination, bullying and harassment against those who are most vulnerable in our schools,” and she noted that she considers “protecting all students, including LGBTQ students, not only a key priority for the Department, but for every school in America.”<ref name=trans/>
This withdrawal of the Obama Administration policy prompted a series of public protests. The issue is expected to reach the Supreme Court soon in a case where a Virginia transgendered student sued under Title IX.<ref name=trans/>
==Private cause of action==
==Private cause of action==
Title IX does not contain an explicit provision allowing for private lawsuits. However, Congress later enacted the Civil Rights Attorney's Fees Awards Act of 1976, 90 Stat. 2641, which authorizes an award of fees to prevailing private parties in actions to enforce Title IX as well as other Civil Rights laws. So, the courts have interpreted Title IX as allowing plaintiffs to sue educational institutions for monetary damages and other relief in addition to the enforcement efforts of the Office of Civil Rights of the United States Department of Education. The Supreme Court held in ''Cannon v. University of Chicago'', [http://www.law.cornell.edu/supremecourt//text/441/677 441 U.S. 677, 99 S.Ct. 1946, 60 L.Ed.2d 560 (1979),] that Title IX is also enforceable through an implied private right of action. In ''Franklin v. Gwinnett County Public Schools'', [http://www.law.cornell.edu/supremecourt//text/503/60 503 U.S. 60, 112 S.Ct. 1028, 117 L.Ed.2d 208 (1992),] the Court established that monetary damages are available in private Title IX suits. Private lawsuits have been successful in a number of contexts:
Title IX does not contain an explicit provision allowing for private lawsuits. However, Congress later enacted the Civil Rights Attorney's Fees Awards Act of 1976, 90 Stat. 2641, which authorizes an award of fees to prevailing private parties in actions to enforce Title IX as well as other Civil Rights laws. So, the courts have interpreted Title IX as allowing plaintiffs to sue educational institutions for monetary damages and other relief in addition to the enforcement efforts of the Office of Civil Rights of the United States Department of Education. The Supreme Court held in ''Cannon v. University of Chicago'', [http://www.law.cornell.edu/supremecourt//text/441/677 441 U.S. 677, 99 S.Ct. 1946, 60 L.Ed.2d 560 (1979),] that Title IX is also enforceable through an implied private right of action. In ''Franklin v. Gwinnett County Public Schools'', [http://www.law.cornell.edu/supremecourt//text/503/60 503 U.S. 60, 112 S.Ct. 1028, 117 L.Ed.2d 208 (1992),] the Court established that monetary damages are available in private Title IX suits. Private lawsuits have been successful in a number of contexts:
"Title IX requires complaining parties to meet a particularly tough test for money damages in a private lawsuit. Damages can be won only when a school district has shown 'deliberate indifference.'" This is in contrast with the standard under [[Section 1983]] of the [[Civil Rights Act]], and in 2009 the [[Supreme Court]] will decide whether both remedies are available for lawsuits against public schools, or only Title IX.<ref>http://www.usatoday.com/printedition/news/20081201/court01_st.art.htm?POE=click-refer</ref>
"Title IX requires complaining parties to meet a particularly tough test for money damages in a private lawsuit. Damages can be won only when a school district has shown 'deliberate indifference.'" This is in contrast with the standard under [[Section 1983]] of the [[Civil Rights Act]], and in 2009 the [[Supreme Court]] will decide whether both remedies are available for lawsuits against public schools, or only Title IX.<ref>http://www.usatoday.com/printedition/news/20081201/court01_st.art.htm?POE=click-refer</ref>
== References ==
== References ==