School districts and colleges nationwide were busy Friday analyzing the impact of new federal guidelines on the rights of transgender students, but local LGBT activists were thrilled with the move.
The guidelines don't have the same heft as laws, but they do advise school districts to not treat transgender students differently from other students. The guidelines require schools to treat students consistent with their gender identity, and no medical diagnosis or birth certificate is required to verify such status. In addition, it requires schools to respond promptly to sex-based harassment and to allow transgender students to participate in sex-segregated activities, such as sports teams, and use bathrooms consistent with their identities.
Valparaiso Superintendent E. Ric Frataccia said the district has had a policy in place for some time and "to my knowledge it's worked pretty well."
Frataccia said educators will be studying the guidelines carefully to stay in compliance, as it can cost districts federal funding if they do not comply,
"I think there are a lot of things that they threw out there today that if you misinterpret, it can leave districts noncompliant," Frataccia said.
The state receives around $1.5 billion in federal funding for education programs, as well as $2.4 billion spent on student loans.
The letter was sent to about 16,500 school districts and 7,000 colleges, universities and trade schools which receive federal funding. The guidelines also apply to charter schools, for-profit schools, libraries and museums that receive federal aid.
Gary Community Schools spokeswoman Charmella Greer emailed a statement saying, "The Gary Community School Corporation does not have a transgender policy but our policies are non-discriminatory."
Calls and emails to Merrillville Community Schools, School Town of Munster, Lake Central School Corp., Portage Township Schools and Crown Point Community Schools were not returned.
Indiana Gov. Mike Pence criticized the move, saying policies should be "in the hands of Hoosier parents and local schools, not bureaucrats in Washington, D.C."
"I am confident that parents, teachers and administrators will continue to resolve these matters without federal mandates and in a manner that reflects the common sense and compassion of our state," Pence said in a statement.
State Superintendent Glenda Ritz welcomed the guidance, saying "that all children deserve to learn in an environment that is safe and welcoming. Education is a civil right, and no child can learn unless he or she feels safe."
"In Indiana, we have already seen schools take steps to ensure that their students and staff feel safe regardless of race, religion, sex or gender identity," Ritz said in a statement. "I will support their efforts and will continue to ensure that all students have the opportunity to learn in a safe and welcoming environment."
Local LGBT activists said the rules have been a long time coming.
"This is exactly the kind of thing we were hoping for. The federal government obviously needed to get involved," said Paul Rotatori, who helped push for Munster to pass a human rights ordinance last month.
"We can't live in a society where if you cross the border, you can't use a bathroom or drink out of the same water fountains," he said. "A lot of the local efforts like ours were in response to a larger lack of action on the state and federal level."
Rotatori said the focus on bathrooms by those in opposition to federal policy obscures the main point of nondiscrimination laws.
"In some cases the bathroom issue is masking bigger issues like the fact that LGBT people can be fired from a job, or have people deny an apartment being rented to them, which most people would say, 'Of course that's wrong.' "