Maryland Joins Multistate Coalition in Opposing Proposed Civil Rights Data Collection Changes

Strategic Insights -

Attorney General Anthony G. Brown has joined a coalition of 18 states 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, and cease collection of data on harassment and bullying on the basis of gender identity.

The proposed changes would have significant impacts on the education system, particularly for LGBTQ students. A recent study found that nearly 60% of LGBTQ students were verbally harassed on the basis of their gender expression, more than 20% were physically harassed, and approximately 8% were physically assaulted. More than 80% of LGBTQ students report feeling unsafe in school.

The coalition argues that ending this data collection will harm vulnerable student populations, impeding efforts to identify and address gender-identity-based harassment and bullying. The proposed changes also depart from past OCR data collection practices and lack clear reasoning. Furthermore, the changes would increase burdens on schools and local education agencies, requiring them to review nonbinary students' records and contradict state law by assigning a specific gender designation to students who identify as nonbinary.

Key Takeaways:

  • The proposed changes to the OCR's Civil Rights Data Collection would halt data collection on nonbinary students, remove "gender identity" and "sex characteristics" from the definitions of harassment and bullying on the basis of sex, and cease collection of data on harassment and bullying on the basis of gender identity.
  • A recent study found that nearly 60% of LGBTQ students were verbally harassed on the basis of their gender expression, more than 20% were physically harassed, and approximately 8% were physically assaulted.
  • More than 80% of LGBTQ students report feeling unsafe in school.
  • The coalition argues that ending this data collection will harm vulnerable student populations, impeding efforts to identify and address gender-identity-based harassment and bullying.
  • The proposed changes would increase burdens on schools and local education agencies, requiring them to review nonbinary students' records and contradict state law by assigning a specific gender designation to students who identify as nonbinary.
  • The coalition is comprised of the attorneys general of 18 states, including Maryland, California, Illinois, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Massachusetts, Michigan, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington.
  • The 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 also need to commit additional resources to review nonbinary students' records and review each reported case of bullying or harassment on the basis of sex to determine if it falls within the Civil Rights Data Collection's new definition.

Statistics:

  • 60% of LGBTQ students were verbally harassed on the basis of their gender expression.
  • 20% of LGBTQ students were physically harassed.
  • 8% of LGBTQ students were physically assaulted.
  • 80% of LGBTQ students report feeling unsafe in school.

Sources:

  • [1] Maryland Attorney General's Office - Letter opposing proposed changes to OCR's Civil Rights Data Collection
  • [2] Study on LGBTQ students and harassment in schools - Not specified in the source material