The Education Department dismissed cases involving the civil rights of transgender students by claiming they do not fall under their jurisdiction.
According to documents and sources obtained by The Huffington Post, there have been at least three of these cases within the last few months.
In one recent incident, Donald Trump’s DoE dismissed a Texas trans teen’s case involving his high school refusing to let him use the bathroom that aligns with his gender identity.
“OCR determined we do not have subject matter jurisdiction over Allegation 1, insomuch as the alleged discriminatory conduct you described does not raise any prohibitive bases under the civil rights laws OCR enforces,” the Office of Civil Rights’ letter read, per documents obtained by HuffPost.
During the Obama administration these cases would have been protected by Title IX. However a month into the Trump administration this protection went away.
The Department of Justice and Department of Education argue that these issues should be taken care of at the local level, stating the original guidance did not contain enough legal analysis.
With more and more cases being dismissed on the federal level, there has been a major decrease in the amount of complaints filed by transgender teens. According to the HuffPost, in the past year the number of complaints has dropped about 40 percent.
“This is not surprising, but it does seem to me consistent with the idea that students who are facing discrimination, who really are suffering in their ability to get an education, don’t believe that OCR will protect them,” said Harper Jean Tobin, director of policy at the National Center for Transgender Equality.
It appears that these numbers aren’t going to change anytime soon with many LGBT advocates disappointed with the administration’s nomination for assistant secretary of civil rights, Kenneth Marcus.
“I don’t expect he’ll have the ability to reverse course on this issue in a way that we would love.I think the administration position on that is backward ... both in logic and the direction of the law,” Nathan Smith, director of public policy for the GLSEN, told HuffPost.