Pasadena Unified Schools Announces Compliance with Recently-Issued Federal Transgender Bathroom Guidelines

After the U.S. Department of Justice and the Department of Education issued transgender bathroom guidelines late last week, Pasadena Unified officials announced that District schools were already in total federal compliance.

Mercy Santoro, Associate Superintendent for School Support Services at PUSD, said the district has been implementing administrative regulations intended to prevent discrimination against and harassment of transgender staff and students as well.

“The district has a couple of administrative regulations that are very specific in its language for non-discrimination and harassment and sexual harassment,” Santoro said. “The regulations that PUSD has, which is how we do our work that are required by staff to adhere to, are very consistent with the guidelines that the US Department of Justice and Department of Education have jointly issued.”

On Friday, the federal Justice and Education departments issued a joint letter containing guidelines intended to ensure that “transgender students enjoy a supportive and nondiscriminatory school environment.” This latest guidance for schools is no longer limited to bathroom use but touches upon privacy rights, education records and sex-segregated athletics, all but guaranteeing transgender students the right to identify in school as they choose.

Furthermore, the letter says “as a condition of receiving Federal funds, a school agrees that it will not exclude, separate, deny benefits to, or otherwise treat differently on the basis of sex any person in its educational programs or activities unless expressly authorized to do so under Title IX or its implementing regulations.”

Title IX is a provision in the Education Amendments of 1972 that prohibit sex discrimination in educational programs and activities operated by recipients of Federal financial assistance.

USA Today said the guidance doesn’t have the force of law, but tells schools how the Department of Education intends to enforce Title IX in the future; and because Title IX is directly tied to federal education funding, the guidance carries an implied threat: Follow the federal guidelines or risk losing those funds.

Santoro said in the process of determining what environment is best for harmonious relationships in PUSD schools, they always seek community input.

“We are a member of the California School Board Assn and when we see things like this happening at a scale in terms of the conversation, one of things that we always do is to contact them and get their read on what’s going on, and their statement is that there is no need to plan or reissue the administrative regulations,” Santoro said.

Santoro added this state of compliance also exists in most school districts in the state of California.

“The good news is that for California, there’s consistency here,” she said. “Many of our campuses have LGBT, Gay-Straight Alliances, there are those on campus that students can identify and go to if they have questions and concerns, and so there are proactive measures and conversations that are happening on campus.”