WASHINGTON, D.C. – Today, the American Military Partner Association (AMPA), the nation’s largest organization of lesbian, gay, bisexual, and transgender (LGBT) military families, expressed deep concern over the way a transgender student is being discriminated against by a U.S. Department of Defense Education Activity (DoDEA) elementary school at Ramstein Air Force Base in Germany. At the direction of DoDEA District Superintendent Dr. Elizabeth Dunham – and in direct disregard of guidance issued by the U.S. Departments of Education and Justice – the transgender girl is being denied access to the restroom consistent with her gender identity.
“This superintendent’s decision to violate the civil rights of this transgender student is alarming,” said AMPA President Ashley Broadway-Mack. “All students, regardless of their gender identity, deserve to be able to go to school in an environment free from discrimination and harassment. The Department of Defense school system is currently observing October as National Bullying Prevention Month, yet this superintendent has unacceptably chosen to single out and discriminate against a student because of her gender identity. Transgender youth already face high rates of marginalization, bullying, and harassment, and we urge the Director of the Department of Defense Education Activity, Mr. Thomas Brady, to immediately step in and correct this unconscionable decision.”
As reported today by NBC News, a spokesperson for the Department of Defense issued a statement late last night, saying, “In guidelines issued on May 13, 2016, the Departments of Education and Justice advised school districts to allow students who are transgender access to restroom facilities and other accommodations consistent with their gender identity.” The spokesperson went on to say, “Accordingly, the Assistant Secretary of Defense for Manpower and Reserve Affairs will engage and reaffirm the guidance with schools and other facilities that provide services to school aged children.”
In May of this year, the U.S. Departments of Education and Justice released guidance to help schools ensure the civil rights of transgender students, including by ensuring they have access to restrooms and other facilities consistent with their gender identity. As stated in the release of the guidance, “Under Title IX of the Education Amendments of 1972, schools receiving federal money may not discriminate based on a student’s sex, including a student’s transgender status.”
Discriminatory bathroom policies can have serious health consequences for transgender people who often avoid using public restrooms out of fear of violence and harassment. In an important survey on the impact these discriminatory policies have on transgender people, the Williams Institute found that “54 percent of all respondents reported having some sort of physical problem from trying to avoid using public restrooms, such as dehydration, kidney infections, and urinary tract infections.”
Dr. Liz Dunham should be held accountable for her complete disregard to the law and to the best interest of a child. For those of us who work with children, we know this behavior should NOT be tolerated by the Department of Defense. At the very least, Dr. Dunham should be immediately suspended and taken away from all children until she completes a LGBTQ training or dismissed because of the abuse that this sweet child (Blue) received from Dr. Dunham.
We need to immediately call on the DoDEA director, Mr. Tom Brady, to take action on this manager in DoDEA!
What this child’s family and all military families fail to realize is that DoDEA schools are exempt from following Title IX. This is due to the technical distinction between a federally “funded” (public) school and a federally”conducted” (DoDEA) school. EO 13160 signed in 2000 attempted to correct this injustice, but to this day, DoDEA has gotten away with a policy that only requires the principal to “investigate and respond.” Transgender DoDEA students may be able to use the bathroom they choose, but if they are sexually harassed for doing it, they do not have the Civil Rights of a public school student. I have been working this issue for 3 years since my daughter was sexually harassed by a student at her high school in Germany. Dr. Dunham was the superintendent in her case also. This must change.