Dorchester County, SC, School District settles discrimination case

The US DoE's Office of Civil Rights yesterday announced that Dorchester County School District Two in South Carolina has entered into a voluntary agreement to stop discriminating against a transgender elementary school student. THE OCR had found that the district was in violation of Title IX's prohibition on sex-based discrimination.

I commend Dorchester County School District Two for committing to protect the civil rights of all students and ensuring that all students have equal access to education programs and activities.

--Catherine E. Lhamon, assistant secretary for civil rights

OCR concluded that the district violated Title IX because the female transgender student was not given access to the girls’ bathroom as a result of her transgender status. However, OCR determined that the district’s policies and procedures complied with Title IX.

The district has now agreed to do the following:

  • Provide the student with access to the girl's restrooms at her elementary school.
  • Provide the student and her parents with the option of requesting, at any point during the student’s enrollment in the district, that a support team be convened to ensure that the student’s access and opportunity to participate in all programs and activities is not denied or limited based on her gender identity, and is otherwise protected from gender based discrimination at school
  • Revise its policies and procedures to include gender-based discrimination as a form of discrimination based on sex
  • Provide annual training to district and school level administrators on the district’s obligation to prevent and address gender-based discrimination.
  • You'll note that, despite the many articles on this from various media sources, nowhere does it state that the student can use "whatever bathroom she chooses."

    The student's parent had filed a complaint the the OCR last fall, claiming that the district was discriminating against her daughter by banning her from using girl's facilities, which embarrassed her and forced her to separate from her friends.

    We’re not a cookie-cutter system and we try to accommodate students the best we can to set them up to be successful in school. As a school district, we want to be compliant with federal law, and first and foremost, we want to meet the needs of our children.

    --District 2 Assistant Superintendent Linda Huffman

    This agreement should provide school districts incentive to revise their policies and otherwise treat transgender students equally. Otherwise they risk not only a Department of Education involvement but also private lawsuits.

    If schools are wanting the federal government to stay away, they should change their policies now so they’re not put in a position to be ordered to and forced to change their policies and have this oversight.

    --Beth Littrell, Lambda Legal

    Not everybody is happy.

    I don’t have anything against transgender children, special-ed children. I don’t have anything (against any child). It’s just a matter of whether we’re going to conform to everybody every time?

    If a child walks in tomorrow and wants to be a dog, can they be a dog, too?

    --Barbara Crosby, District 2 school board member

    The agreement will help make district schools safer for students like my daughter. The settlement also will go a long way toward eradicating a culture of fear and misunderstanding around lesbian, gay, bisexual and transgender issues.

    I think Dorchester District 2 has the opportunity to lead the way here in the tri-county area on how to become an inclusive school to provide an excellent academic and social experience for all of their children, especially their most vulnerable. There is so much evidence that backs up that these kids are so vulnerable and if anyone is in danger of being physically or emotionally harmed, it’s them.

    --Dedra Scherer, teacher at Fort Dorchester High School and mother of a transgender child

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    Comments

    featheredsprite's picture

    but it's good when some of it comes our way.

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    Life is strong. I'm weak, but Life is strong.

    "Be a dog" reminds me during gay marriage marry a dog.

    Some people need more help than they realize

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    GreyWolf's picture

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    GreyWolf's picture

    (The headline shocked me ... disoriented me ... "Wait, I thought I clicked on C99 ... oh, it is ...")

    (Yes, I lived in the reddist of red states, and then went to UMass, where I fit right in)

    (The crazy thing is at one point I lived in Dorchester and worked in Charlestown while I lived in Boston)

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