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Attorney General Raoul Leads Coalition Opposing Proposal to End Data Collection on Students Bullied Over Gender Identity

Strategic Insights

— 2 min read

Attorney General Kwame Raoul, co-led a multistate coalition in opposing proposed changes to the Department of Education's Office for Civil Rights' (OCR) biennial Civil Rights Data Collection. The proposed changes would halt data collection on nonbinary students, remove "gender identity" and "sex characteristics" from the OCR's definitions of harassment and bullying on the basis of sex, cease collection of data on harassment and bullying on the basis of gender identity, and remove "harassment on the basis of actual or perceived sex" from the definitions of "rape" and "sexual assault." The coalition argues that ending this data collection will harm vulnerable student populations, impeding Illinois' efforts to identify and address gender-identity-based harassment and bullying.

Key Takeaways:

  • The proposed changes would halt data collection on nonbinary students, potentially undercounting cases of bullying and harassment.
  • Nationwide, LGBTQ+ students experience verbal and physical harassment and bullying at rates disproportionate to their non-LGBTQ+ peers.
  • A recent study found that over 50% of LGBTQ+ students were verbally harassed on the basis of their gender identity, and more than 20% were physically harassed.
  • Approximately 75% of transgender students report feeling unsafe at school because of their gender identity, with nearly 25% of transgender and gender diverse students reporting missing school because they felt unsafe.
  • Ending data collection would undermine OCR's mission to enforce Title IX's prohibition against discrimination on the basis of sex.
  • The proposed changes would increase burdens on schools and local education agencies, requiring them to commit additional resources to review nonbinary students' records and review each reported case of bullying or harassment on the basis of sex.
  • The changes would also lead to added costs for schools and local education agencies and inaccuracies in gender-delineated data.

Notable Coalition Members:

  • California Attorney General Rob Bonta
  • Colorado Attorney General
  • Connecticut Attorney General
  • Delaware Attorney General
  • District of Columbia Attorney General
  • Hawaii Attorney General
  • Maryland Attorney General
  • Massachusetts Attorney General
  • Michigan Attorney General
  • Nevada Attorney General
  • New Jersey Attorney General
  • New York Attorney General
  • Oregon Attorney General
  • Rhode Island Attorney General
  • Vermont Attorney General
  • Washington Attorney General

Statistics:

  • Over 50% of LGBTQ+ students were verbally harassed on the basis of their gender identity.
  • More than 20% of LGBTQ+ students were physically harassed.
  • Approximately 75% of transgender students report feeling unsafe at school because of their gender identity.
  • Nearly 25% of transgender and gender diverse students reported missing school because they felt unsafe.

Sources:

  • Illinois Attorney General's Office
  • OCR's Civil Rights Data Collection
  • "Addressing and Preventing Bullying in Schools" (GLSEN)
  • "State of LGBTQ Youth in America" (GLSEN)

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