USBE says "there's no way to protect student privacy."
As the Standards & Assessment Committee discussed what guidance should prevail in Utah regarding Gender Identity, one very critical issue was brought up as a disclaimer: Under the current Administration's interpretation of the law, a school cannot guarantee the privacy of students in gender assigned restrooms, locker rooms, changing rooms, hotel rooms, etc.
Here is the link to the meeting:
At the one hour and 19-minute mark, USBE Board Members discuss the current interpretation of Title 9 by the current administration.
Here's what was said:
"The purpose of our guidance document is to keep our teachers and schools out of legal trouble, so we need to reflect the current legal landscape. We may not agree with that and there may be things that need to be looked at and that need to be done on another scale to try to address some of those things, but we need to look at the current legal landscape we need to look at what OCR (Office for Civil Rights) is telling us because that's what's going to be enforced right now in our schools and our guidance document can't be aspirational it has to be practical. It has to be here's what needs to happen in our schools to make sure we comply with the law as it is today." Board Member Hansen
"Title 9 is being interpreted a certain way and that there is really no guarantee of privacy, and schools and districts need to be aware of that based on the current atmosphere. I just think we put out a [statement] 'Let me just be clear that this is where the current atmosphere is so you can't be guaranteed this [privacy], so just be aware of that, parents and educators." -Board Member Earl
"This is a gray area of law, there's not a lot of guidance, this is how the law is being interpreted right now. If we don't know then we should say we don't know. We have to be accurate in what is happening in the courts what's happening with OCR [Office of Civil Rights], so we can give our schools the best chance to be compliant and that may be the case, that we have to say, there is no expectation of privacy because of the way the law is being interpreted. I think we have to lay that out." -Board Member Hansen
If this is concerning, or confusing to you, you can contact your USBE Representative and ask him/her to explain it to your further and ask them to consider accommodations that provide single user bathrooms and changing areas with locks.
You can also contact your Legislators and explain your concerns and ask for a backpack bill that will allow you to take your money and apply it to an educational setting where you have more say and control of your child's privacy and safety.