Illinois Attorney General Opposes Proposed Changes to Civil Rights Data Collection

Strategic Insights -

Attorney General Kwame Raoul and a coalition of 17 state attorneys general have expressed strong opposition to proposed changes to the Department of Education's Office for Civil Rights' (OCR) biennial Civil Rights Data Collection. The proposed changes would significantly alter the way data is collected on nonbinary students, harassment, and bullying in schools, ultimately harming already-vulnerable student populations. The coalition argues that these changes would depart from past OCR data collection practices, lack clear reasoning, and undermine the OCR's mission to enforce Title IX's prohibition against discrimination on the basis of sex.

Key Takeaways:

  • 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."
  • 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.
  • The proposed changes would harm already-vulnerable student populations, impeding Illinois' efforts to identify and address gender-identity-based harassment and bullying.
  • The proposed changes would undermine OCR's mission to enforce Title IX's prohibition against discrimination on the basis of sex without any evidence that the changes would benefit schools or local education agencies.
  • Schools and local education agencies would face additional costs and burdens due to reviews of nonbinary students' records and reported cases of bullying or harassment, potentially leading to inaccuracies in gender-delineated data.

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 based on their gender identity.
  • 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.
  • The proposed changes to the Civil Rights Data Collection would depart from past OCR data collection practices.

Sources:

  • [Office of the Illinois Attorney General]
  • [Letter from Attorney General Raoul and the coalition of state attorneys general to the OCR]