Bethesda, MD—The National Association of School Psychologists (NASP) applauds the Biden Administration’s actions to protect the rights of transgender students as part of U.S. public schools’ obligations under Title IX of the Education Amendments of 1972. The Department of Education’s Office of Civil Rights (OCR) Notice of Interpretation makes it clear that the Department interprets Title IX’s prohibition on sex discrimination to include discrimination on the basis of sexual orientation and gender identity. This decision follows the U.S. Supreme Court decision in Bostock v. Clayton, in which the Court recognized that it is impossible to discriminate against a person based on their sexual orientation or gender identity without discriminating against that person based on sex. As such, OCR will fully enforce Title IX to prohibit discrimination based on sexual orientation and gender identity in education programs and activities that receive Federal financial assistance from the Department.

This decision affirms NASP’s long-standing position on necessary policies and practices to support the safety and well-being of all students, including those who are transgender and gender diverse. We saw the positive impact of Federal actions to protect these students’ rights when first implemented by the Obama Administration, and we are hopeful that this decision will result in all school districts adopting the essential policies and practices that ultimately contribute to safe and supportive school environments for all students.

As stated in our official position statement on “Safe Schools for Transgender and Gender Diverse Students,” NASP “supports efforts to ensure that schools are safe and inclusive learning environments for all students, family members, and school staff, including those who are transgender or gender diverse. NASP respects a person’s right to express gender identity, and the right to modify gender expression when necessary for individual well-being. In addition, NASP supports all students’ right to explore and question their gender identity. NASP is committed to a policy of nondiscrimination and the promotion of equal opportunity, fairness, justice, and respect for all persons.”

“School psychologists are committed to ensure all youth with diverse sexual orientations, gender identities, and gender expressions are able to develop and express their personal identities in a school climate that is safe, accepting, and respectful of all persons and free from discrimination, harassment, violence, and abuse” says NASP President Wendy Price, PsyD, NCSP. “NASP has long advocated for needed policies and practices that support the safety and well-being of all students, including those who are transgender and gender diverse. The Administration’s decision represents a positive, appropriate move to ensure that right.”

NASP looks forward to supporting school psychologists, other school leaders, and public officials in developing and implementing policies and practices that respect the rights of transgender and gender diverse students. Resources to help in this effort are available at https://www.nasponline.org/lgbtqi2-s

NASP empowers school psychologists to promote the learning, behavior, and mental health of all children and youth. Further information is available at www.nasponline.org.

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