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