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The Department of Justice (DOJ) and Department of Education (DOE) have announced a historic consent decree settlement with the Anoka-Hennepin School District in Minnesota. The District, located in Michele Bachmann's congressional district, has been under fire in recent years for their lack of support for LGBT students. The DOJ/DOE press release stated in part:
"In November 2010, the Department of Justice received a complaint alleging that students in the school district were being harassed by other students because they didn’t dress or act in ways that conform to gender stereotypes. The Departments of Justice and Education conducted an extensive investigation into sex-based harassment in the district’s middle and high schools."
The consent decree, if approved by the court, will be in place for five years and require the district to, among other things, review of the district's policies and procedures regarding harassment, implementation of a plan for preventing student-on-student sex-based harasement, and enhancing training of faculty, staff and students on sex-based harassement.
This is significant for two reasons. One, the specification of nonconformity with gender stereotypes being the basis of the harassment. For years, advocates have argued that much of the LGBT harassment faced by students is in fact grounded in issues of gender expression and gender identity. With this case focused on gender nonconformity, it clearly recognizes the importance of protections for children exhibiting diverse gender expressions. Secondly, in its investigation, the DOJ found that "Many students reported that the unsafe and unwelcoming school climate inhibited their ability to learn." This finding underscores how this type of harassment impacts ALL students and the need to help school communities understand gender diversity.
Arriving at such an agreement with one of the nation's most conservative school districts demonstrates the shifting tide with regard to gender diversity. Anoka-Hennepin was actually deemed a site of a suicide cluster by a Minnesota suicide awareness group, and until very recently had a "No Homo Promo" policy, stating that educators in the district must remain "neutral" about LGBT issues. This policy silenced teachers from speaking out about issues of LGBT-related bullying and was seen by many as a tacit approval of the mistreatment of LGBT students. If such gains as this consent decree can happen in this district, it gives hope to educators everywhere about the possiblity for creating gender inclusive environments for all students.
Link to the DOJ/DOE press release from Department of Justice about the consent decree: press release
Link to actual consent decree document: consent decree
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