Commotion: Biden Administration's Concern For Trans Students’ Safety

The Fox News report and the social media reaction to The Justice Department’s video are exaggerated in a number of ways. The content of the video is not focused on “cracking down” on schools specifically. Instead, it explains how transgender students can feel safer as they start the new school year. 

Out of its five-minute runtime, only a few seconds are dedicated to school athletics. At no point in the video do the speakers claim that they will “crack down” upon schools that prohibit trans youth from competing in sports intended for a particular gender. Instead, the video states that they want to create a safe and welcoming environment for all students. Instead of punishing schools in some manner, as the phrase “crack down” implies, The Justice Department is focused on enhancing the safety of trans students. 

The video explains that federal courts have banned a number of states from applying laws that discriminate against transgender people. Therefore, the video seeks to uphold current federal laws. 

Additionally, the video directs transgender students who have faced discrimination to file a complaint with the Department of Education’s Office for Civil Rights. This is how the government would address schools that attempt to ban trans students from competing in gendered sports. 

This office’s investigation and resolution policies cast further doubt upon the notion that they are targeting schools. Initially, these complaints undergo an evaluation process, which determines if the case needs to be investigated. If a case is then determined as needing to be investigated, and this investigation results in a determination that civil rights were violated, then the office attempts, “to negotiate a voluntary resolution agreement.” If the recipient of the complaint does not agree to comply with civil rights laws, then the result would be to begin proceedings that “suspend, terminate, or refuse to grant or continue Federal financial assistance to the recipient.” Alternatively, it may hand over the case to The Department of Justice. Additionally, there is an appeals process to this decision. 

This process is rigorous, considers the perspectives of the schools, and actively seeks to resolve situations without punitive action. And in the event of non-compliance with federal law, the likely result is the suspension of federal funds.