transgender and gender nonconforming students
Post on 04-Jan-2016
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Requirements for schools to ensure that all students are safe, included and respected in school, regardless of
their gender identity or expression.
All students must be provided with a free, appropriate, and equal public education (Article IX, Florida Constitution)
Freedom from discrimination based on sex is a right
Every student has the right to learn in a safe and accepting school environment; all students must be given equal opportunity to succeed
Schools must balance the rights of transgender students to freedom from discrimination and expressions with the rights of other students and parents to freedom of religion and expression
Laws are new and evolving; limited case law
Educational Arena
Compassion and Grace
Notice of Fairness for EVERYONE
Title IX, federal civil rights law prohibits sex
discrimination “on the basis of sex” in schools; Office
of Civil Rights (OCR) has clarified that this includes
“gender identity or failure to conform to stereotypical
notions of masculinity or femininity” and protects
students “who do not conform to sex stereotypes.”
◦ Applies to all schools, K-12-post secondary that accept federal
funds, including all public schools
◦ Complaints of discrimination or harassment can be filed with
US Department of Education
◦ Office of Civil Rights will enforce
First Amendment of US Constitution – protects the right
of students to free speech and freedom of expression,
including expression of gender identity
Title VII of the 1964 Civil Rights Act – prohibits sex
discrimination in employment, equally applied to claims of
discrimination brought by transgender plaintiffs; the U.S.
Supreme Court has cited Title VII in interpreting Title IX
Fourteenth Amendment of US Constitution – due process
and equal protection provision imposes a duty on schools to
protect transgender students from harassment on an equal
basis with other students
Florida Anti-Discrimination Law, Section 1001.05,
F.S., prohibits discrimination on basis of sex
Local Policies (LCS) – prohibits discrimination on
basis of sex, gender, transgender, gender
nonconforming, gender identity and expression, and
sexual orientation
Transgender and gender nonconforming youth use a
number of words to describe their lives and
experiences:
Trans, transsexual, transgender, male-to-female (MTF),
female-to-male (FTM), bi-gender, two-spirit, trans
man, trans woman, etc.
Differs based on region, language, race or ethnicity,
age, culture
School staff and educators should inquire which terms
students may prefer and avoid terms that make these
students uncomfortable; a good general guideline is to
employ those terms which the students use to describe
themselves.
These definitions are provided not for the purpose of
labeling students but rather to assist in understanding
policy and the legal obligations of District staff.
◦ Gender Identity
◦ Gender Expression
◦ Transgender
◦ Transition
◦ Gender Nonconforming
◦ Bullying
◦ Harassment
Safe school environment
Any incident – immediate attention
◦ Investigating the incident
◦ Taking age appropriate corrective action
◦ Providing appropriate resources
Complaints should be taken seriously and handled in
the manner as other discrimination, bullying or
harassment complaints
Administrators should make every effort to keep
transgender/gender nonconforming students at the
original school site.
Transfers should not be the school’s first or preferred
response
Considered only when necessary – protection or
personal welfare; or requested by parent or student
Student, parent or guardian must consent
Right to Privacy
◦ Transgender status
◦ Legal name
◦ Gender assigned at birth
◦ Confidential Medical Information
Disclosing is against FERPA
School staff (unless legally required or authorized by
the student)
Transgender and gender nonconforming students have
the right to discuss and express their gender and
expression openly and to decide when, with whom, and
how much to share private information.
A student disclosing his/her status does not give others
the right to disclose medical information about the
student.
When contacting the parent or guardian of a
transgender student, school staff should use the
student’s legal name and the pronoun corresponding to
the student’s gender assigned at birth unless the
student, parent, or guardian has specified otherwise.
When communicating to the media or community
about issues related to gender identity, the school or
District shall have a single spokesperson to address the
issue.
Everyone should direct parents and media to the
spokesperson.
Top priority – protecting the privacy of the transgender
or gender nonconforming student
Maintain a mandatory permanent student record that
includes student’s legal name and legal gender.
The school shall use the name and gender preferred by
the student.
A school will change a student’s official record to
reflect a change in legal name and gender upon receipt
of documentation of a court order or amendment of
state or federally-issued identification
School ID’s are not legal documents and can use the
student’s preferred name.
In situations where school staff or administrators are
required by law to use or to report a transgender
student’s legal name or gender, such as for purposes of
standardized testing, school staff and administrators
shall adopt practices to avoid the inadvertent
disclosure of such confidential information.
Every student has the right to be addressed by a name and pronoun that corresponds to the student’s gender identity.
A court-ordered name or gender change is not required, and the student need not change his or her official records.
It is recommended that teachers privately ask transgender and gender nonconforming students how they would like to be addressed in class, in correspondence to the home, or at conferences with the student’s guardian.
Students should have access to facilities that
correspond to their gender identity.
In any gender-segregated facility, any student who is
uncomfortable using a shared facility, shall, upon the
student’s request, be provided with a safe and non-
stigmatizing alternative.
Requiring a transgender or gender nonconforming
student to use a separate, nonintegrated space threatens
to publicly identify and marginalize the student as
transgender and should not be done unless requested by
a student.
Under no circumstances may students be required to
use sex-segregated facilities that are inconsistent with
their gender identity.
Where available, schools are encouraged to designate
facilities designed for use by one person at a time as
accessible to all students regardless of gender, and to
incorporate such single-user facilities into new
construction or renovation.
Under no circumstances may a student be required to
use such facilities because they are transgender or
gender nonconforming.
Schools must support transgender students while also
ensuring safety and comfort of all students and consider
the following factors:
◦ Transgender student’s preference
◦ Protection of student privacy
◦ Maximizing social integration of transgender student
◦ Minimizing stigmatization of transgender student
◦ Protection and safety of students involved
All students shall be permitted to participate in physical
education classes and intramural sports in a manner
consistent with their gender identity.
Unless precluded by state interscholastic association
policies, all students shall be permitted to participate in
interscholastic athletics in a manner consistent with
their gender identity.
Schools may enforce dress code pursuant to District
policy.
Students have a right to dress with their gender identity,
within the constraints of the dress codes adopted by the
school.
School staff shall not enforce a school’s dress code
more strictly against transgender and gender
nonconforming students than other students.
In order to maintain privacy and confidentiality
regarding their transition and gender identity,
transgender students may wish – but are not required –
to transition over a summer break or between grades.
Regardless of the timing of a student’s transition, the
school shall act in accordance with what is considered
age appropriate.
Elementary School – The parent informs the school of
the impending transition.
If school staff believe that a gender identity or
expression issue is presenting itself and creating
difficulty for the child at school, approaching parents
about the issue is appropriate at the elementary level.
Together, the family and school can then identify
appropriate steps to support the student.
Secondary School – Notifying the parent about the
student expression or transition is not necessary as they
may already know and may be supportive.
In some cases, notifying the parent may result in the
student being kicked out of the home. Prior to notifying
the parent, the school staff should work with the
student to assess to what degree the parent will be
involved in the process and must consider the health,
well-being and safety of the student.
Secondary School – When a student transitions during the school year, the school shall hold a meeting with the student to ascertain their desires and concerns.
Discuss the timeline for the transition to create conditions for a supporting a safe and accepting environment at school.
The school shall train administration and educators that interact directly with the student on the transition plan, timelines and relevant legal requirements.
The Gay, Lesbian & Straight Education Network (1990)◦ Focused on ensuring safe schools for all students
Every child learns to respect and accept all people, regardless of sexual orientation or gender identity/expression
Seeks to develop school climates where difference is valued for the positive contribution it makes to creating a more vibrant and diverse community.
The National Center for Transgender Equality
A national social justice organization
Devoted to ending discrimination and violence against
transgender people through education and advocacy on
national issues of importance to transgender people.
Facilitates a strong clear voice for transgender equality
everywhere
GLSEN – www.glsen.org
NCTE – http://transequality.org
PFLAG – www.pflag.org
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