1. Boys can't LAWFULLY go into girls bathrooms. Rules are in place to stop this. This would potentially provide a loophole to those rules. A boy could claim he identifies female (a lie) and then there would be no rules to prevent him.
2. Are there guidelines? Because that would make this a moot point. Does anyone know about this?
3. I agree. I think the best solution would be to let children go to the bathroom of the gender they identify as.
4. I don't think it's that easy. It's certainly easy to type, but actually to do? Who tells the kid to go fuck themselves? Like the unisex bathrooms it's going to be a social shift, and instead of telling opponents to go duck themselves, you should try rational dialog. I think a student who identifies female should use the female restroom, and I think it's completely understandable if that makes someone uncomfortable at first blush. I have to respect both those views. If it's going to work, we're going to have to get both sides talking.
1) This doesn't really provide a loophole since this isn't a law, this is a guideline, and as such I assume (not a lawyer, and not a resident in the USA) if the aggrieved parties felt the offense was big enough they could take it up with courts, where I would assume the "boy" would have to prove (or defend) he does in fact identify himself as a girl, how this would happen I have no idea, but I assume it is no easy task, making it even more unlikely that someone would carry through it all without admitting he was being an lying asshole.
Even if we assume this is a law, this would still not provide a loophole, since depending on how the law was setup, I would assume the same thing as before could happen, he could be taken to court to verify that he was in fact identifying as a girl.
Taking the law aside, I would be quite surprised most "boys" (if any) would subject themselves to the potential criticism of the teachers, parents and colleagues just so they could do what ever the hell they would do in the opposite genre bathroom, which realistically couldn't be much, since anything that would even come close to truly creepy would be unlawful regardless of he was transgender or not.
Another way to look at it is in the case of homosexuals (including bisexuals here too), it is possible even if highly unlikely that an homosexual boy (or girl) would use his bathroom to perv on other boys, in fact it is far more likely (even if still unlikely) that an homosexual boy would do that, than someone faking to be transgender just to do that.
Yet we do not force homosexuals to go the opposing gender bathroom, because we recognize the right of homosexuals as human beings to go to the bathrooms of their gender as anyone else does, and that the possibility of people doing this is remote, and the consequences of the few cases where this might happen are far outweighed by the violation of rights that segregating homosexuals as a whole would bring.
In the end any action of true lasting consequence (sexual assault and the likes) is unlawful, and such actions will be prosecuted to the extend the law allows it.
In short you make laws that prohibit the violation of rights and liberties of other people, you do not take away rights and liberties to prevent them from breaking said rights and liberties, this should be the case for all humans regardless of gender, race, religion, nationality, sexual orientation and so on.
2) EDITED (due to clarification from sangreal) The title IX is a guideline, the part that specifies what to do to confirm gender identity can be found here
https://www2.ed.gov/about/offices/list/oese/oshs/emergingpractices.pdf under "How do schools confirm a student's gender identity?"
Basically as it is to be expected there is no real test to make absolutely sure someone is in fact identifying with the genre they say they are, much in the same way there is no tests for identifying sexual orientation, the claim is taken at face value, not only because it cannot be proven, but also because trying to do so would constitute a violation of a persons rights, and as a side note by striving for equality one makes sure that there are no advantages to claiming to be X or Y, so no real reason to do so.
But in the end it doesn't really matter if the person is telling the truth or not, for the reasons I pointed in point 1.
4) I wasn't saying that educators and parents should tell that to kids, merely that it should be imposed upon them that as members of society they need to accept the rights of other people, this isn't merely a transgender thing, this is a part of living in a society with other people, and something that is vital for any person to understand.
There are plenty of things kids (or adults) don't like yet they need to accept, the rights of transgender people should be no different. In fact we have been here before, with the rights of black people, women and homosexuals (we are still here in those cases honestly).
In the case of the USA one can say the very idea that all men are created equal and deserve equal rights is at the cornerstone of its creation (even if unfortunately the reality isn't nowhere near as rosy), from the declaration of independence which proclaimed:
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed"
To the Gettysburg address which made similar claims in a time where the USA continued their use of slaves something which was fortunately being abolished in much of the rest of the western world:
"Fourscore and seven years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal."
So I believe it is incumbent upon any nation that values equality to strive for it, not only when it is socially acceptable, but especially if there is opposition to it, and by extension as members of such a nation it is the duty of parents and educators to impart such values into the nation youth so that they too can continue the endeavor of educating others towards a fairer world.
So, first of all: I absolutely know what I'm talking about when I say "people like you". People like you, who claim to be "just asking questions", and are "totally for rights, guys", but ultimately are just lying because you know it's bullshit. If you haven't read studies, haven't done ANY research at all, why the fuck are you even entertaining this idea unless to just fuck with trans people? You are aware of bullying, right? I know we aren't talking about rapes and assaults, but when you are telling a transgirl who passes "oh, sorry, you have a penis so you have to use the boys restroom. Good luck!" Just because you think some shitheads might try to look at girls in the restroom, you are responsible for those transgirls getting bullied or injured because of that. Period. Don't spout bullshit because "you aren't making policies". People like you are the reason these policies are able to happen in the first place. People like you are the reason we can't feel comfortable just coming out as trans.
No, we are past the point of that being respectable. You do not need to respect those views. We don't respect people who want racially segregated water fountains. I sure as shit don't have to respect you for wanting me in a male restroom.
All around good post, but this part I would honestly avoid it in future arguments, I understand (as much as I can) where you are coming from with it, but there is a genuinely world of difference between someone being ignorant (dictionary definition of the word aka lacking knowledge), and someone committing the hate crime.