(1) Title IX of the Educational Amendments of 1972 (“Title IX”): Title IX is a federal law. This law and its implementing regulations prohibit discrimination based on sex in educational programs and activities operated by recipients of federal funds, which includes school districts.2 According to the joint guidance issued by the Departments of Education and Justice on May 13, 2016, this prohibition against discrimination based on sex includes discrimination based on a student’s gender identity, including discrimination based on a student’s transgender status.3 According to the joint guidance, a school must respect and treat students consistent with their gender identity.
(2) Family Educational Rights and Privacy Act (FERPA): FERPA is a federal law that protects the privacy of student education records.4 This law applies to all schools that receive funds under the United States Department of Education’s applicable programs.5 According to the joint guidance issued by the Departments of Education and Justice on May 13, 2016, nonconsensual disclosure of personally identifiable information, such as a student’s sexual orientation, or sex assigned at birth, may violate FERPA.6
(3) Iowa Civil Rights Act: The Iowa Civil Rights Act provides protection against varying forms of discrimination, including gender identity, which has been a protected class under the Iowa Civil Rights Act since 2007. This state law provides, “It is unfair or discriminatory practice for any educational institution to discriminate on the basis of race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability in any program or activity.”7
(4) Iowa Safe Schools Law: The Iowa Safe Schools Law requires schools to establish policies prohibiting bullying and harassment against students based on actual or perceived traits or characteristics, including sex, sexual orientation, and gender identity, among other traits.8
State and federal laws require that Iowa schools refrain from and protect students from discrimination based on their sex, sexual orientation, and gender identity. This includes transgender status. Students who sincerely and consistently identify as male or female must be treated at school consistent with that identification, regardless of their sex assigned at birth. Any different treatment will be treated as sex discrimination under federal law and gender identity discrimination under state law.
All students, including transgender students, should be protected from bullying or harassment by others based on sex, sexual orientation, or gender identity. All students’ privacy and dignity should be respected at school and school activities. Any student who wishes to have additional privacy or security when using school facilities or when involved in school activities should be accommodated to the maximum extent possible.
Angelica Brothers
Title IX Coordinator
District Office
319-828-4510
angelicabrothers at ccaschools.org
