Practical advice involving transgender students in school

On Board Online • February 9, 2015

By Courtney Sanik
Policy Consultant

School officials may not know how to respond when a student who entered the school system as male announces a new identity as female (or vice versa) and makes requests. Here are some suggested responses from NYSSBA's Department of Policy Services.

Issue: A student is presenting as transgender or has made a request to use the alternate gender rest room or locker room.

Solution: If a student consistently and uniformly presents as transgender and has made a request for accommodation, then an accommodation should be made. Medical documentation should not be required.

Issue: Student would prefer to be known by alternate name and referred to by an alternate gender pronoun.

Solution: Staff should use the name and pronoun preferred by the student.

Issue: A student's records indicate the name or gender other than what the student prefers.

Solution: Federal law allows for the change of records if they are inaccurate or misleading, if requested by the parent. Additionally, the district can distinguish between the formal, permanent record and other records.

Issue: The current dress code requires that hair styles and clothing be gender appropriate. There may be specific banned items such as boys wearing skirts.

Solution: The dress code should maintain a safe and orderly school environment. It applies to students regardless of gender, and should be written in a way that it is not gender-specific. The enforcement of the dress code should not disproportionately impact transgender students.

Problem: A transgender student wishes to play a sport.

Solution: Eligibility rules may prevent this in some cases. The district should consult with New York State Public High School Athletic Association officials. This should not be an issue in physical education, as those classes are participatory and educational not competitive.

Issue: A student's desire to transition is not supported by the parents.

Solution: There is no easy answer, and this should be handled on a case-by-case basis. On one hand, the law recognizes that parents have a right to raise children as they see fit. On the other hand, it also protects students from discrimination and unlawful treatment in school.

Furthermore, transgender students and other students exploring their sexual identity can be vulnerable to depression and suicide, particularly if they lack social supports at home and school.

"All young people can be viewed as being on a quest to create their own identity as they mature," said Linda Bakst, NYSSBA's deputy director of policy services. "Transgender students are a subset of the many students who are going through a process of figuring out who they are and how they fit into the world around them."

So, the district's response to requests by transgender students who lack supportive parents will depend on a number of factors, including the age and maturity of the student and whether district officials believe that the parents' concerns might be mitigated with more information. These cases will be difficult to navigate and school officials should consult with the school attorney as well as community resources that support youth struggling with personal or family issues. One paramount concern must be the safety and well-being of the child.

For more examples, see www.transgenderlaw.org/resources/tlcschools.htm