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537 TRANSGENDER NONDISCRIMINATION
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| Adopted: Nov 2018 537 TRANSGENDER NONDISCRIMINATION I. PURPOSE The purpose of this policy is to foster an educational environment that is safe and free from discrimination for all students, regardless of gender identify or gender expression, and to facilitate compliance with local, state, and federal laws concerning nondiscrimination. II. GENERAL STATEMENT OF POLICY The school district will act to improve the educational integration of transgender and gender nonconforming students, strive to maintain the privacy of these students, and foster cultural competence and professional development for school staff on transgender and gender nonconforming issues. Further, the school district will support healthy communication between educators and parents or guardians to further the successful educational development and well-being of every student. III. DEFINITIONS The following definitions are provided to assist in understanding this policy. Students may or may not use these terms to describe themselves. A. "Gender identity" means a person's deeply held sense or psychological knowledge of his or her own gender. One's gender identity can be the same as or different from the gender assigned at birth. Most people have a gender identity that matches their assigned gender at birth. For some, however, their gender identity is different from their assigned gender. All people have a gender identity, no just transgender people. Gender identity is an innate, largely inflexible characteristic of each individual's personality that is generally established at a young age, although the age at which individuals come to understand and express their gender identity may vary based on each person's social development. B. "Gender expression" means the manner in which a person represents or expresses gender to others, often through behavior, clothing, hairstyles, activities, voice, or mannerisms. C. "Transgender" means a gender identity or expression different from that traditionally associated with an assigned sex at birth. Other terms that can have similar meanings are "transsexual" or "trans." D. "Transition" means the process in which a person goes from living and identifying as one gender to living and identifying as another. E. "Gender nonconforming" means gender expression different from stereotypical expectations, such as "feminine" boys, "masculine" girls, and those who are perceived as androgynous. This term includes people who identify outside traditional gender categories or identify as both genders. Other terms that can have similar meanings include "Gender diverse" or "gender expansive." IV. SCOPE This policy covers conduct that takes place in the school, on school property, at school-sponsored functions and activities, on school buses or vehicles and at bus stops. This policy also pertains to the use of electronic technology and electronic communication that occurs in the school, on school property, at school-sponsored functions and activities, on school buses or vehicles and at bus stops, and on school computers, networks, forums, and mailing lists. This policy applies to the entire school community, including educators, school district staff, students, parents, and volunteers. V. BULLYING, HARASSMENT, AND DEISCRIMINATION PROHIBITION Discrimination, bullying, and harassment on the basis of gender identity or expression are prohibited within the school district. Each school and all staff are responsible to ensure that all students, including transgender and gender nonconforming students, have a safe school environment. The scope of this responsibility includes ensuring that any incident of discrimination, bullying, or harassment based on a person's actual or perceived gender identity or expression are to be taken seriously and handled in the same manner as other discrimination, bullying, or harassment complaints. School administrators will attempt to keep transgender and gender nonconforming students at their original school site. Transfers shall not be a school's first or preferred response to a complaint involving transgender or gender nonconforming students and will be considered only when necessary for the protection or personal welfare of a student or students or when requested by a student or the student's parent. VI. PRIVACY/CONFIDENTIALITY All students have a right to privacy, and this includes the right to keep one's transgender status private at school. Information about a student's transgender status, legal name, or gender assigned at birth also may constitute confidential medical information. Disclosing this information to other students, their parents, or other third parties may violate privacy laws, such as the federal Family Educational Rights and Privacy Act (FERPA). The school district will keep confidential all medical information relating to transgender and gender nonconforming students in accordance with applicable local, state, and federal privacy laws. School staff shall nt disclose information that may reveal a student's transgender status to others, including parents and other school staff, unless legally required to do so or when written permission has been given. Transgender and gender nonconforming students have the right to discuss and express their gender identity and expression openly and to decide when, with whom, and how much to share private information. The fact that a student chooses to disclose his or her transgender status to staff or other students does not authorize school staff to disclose other 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. (See "Student Transitions" below.) VII. MEDIA AND COMMUNITY COMMUNICATION When communicating to the media or community about issues related to gender identity, the school district shall have a single spokesperson to address the issue. Rather than directly commenting on the issue, other school district and school staff shall direct parents and the media to the designated spokesperson. Protecting the privacy of transgender and gender nonconforming students must be a top priority for the spokesperson and all staff, and all medical information shall be kept strictly confidential. Violating confidentiality of this information is a violation of this policy and maybe a a violation of local, state, or federal privacy laws. VIII. OFFICIAL RECORDS The school shall maintain a mandatory permanent student record that includes a student's legal name and legal gender. However, to the extent that the school is not legally required to use a student's legal name and gender on other school records or documents, the school shall use the name and gender preferred by the student. The school will change a student's official record to reflect a change in legal name or gender upon receipt of documentation that such change has been made pursuant to a court order, or through amendment of state or federally issued identification. School identification cards, for example, are not legal documents and should 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. IX. NAMES AND PRONOUNS Every student may request to be addressed by a name and pronoun that corresponds to the students' gender identity. A court-ordered name or gender change is not required, and the student need not change his or her official records. A strongly recommended best practice for teachers is to privately ask transgender or gender nonconforming students at the beginning of the school year how they want to be addressed in class, in correspondence to the home, and at conferences with the student's guardian. X. ACCESS TO GENDER-SEGREGATED ACTIVITIES AND AREAS With respect to all restrooms, locker rooms or changing facilities, transgender or gender nonconforming students will have access to facilities that correspond to their physical sex. Schools may maintain separate restroom, locker room, and changing facilities for male and female students. XI. PHYSICAL EDUCATION CLASSES AND INTRAMURAL AND INTERSCHOLOASTIC ATHLETICS All students shall be permitted to participate in physical education classes and intramural sports in a manner consistent with their gender identity. Furthermore, all students shall be permitted to patriciate in interscholastic athletics in a manner consistent with their gender identity. XII. OTHER GENDER-BASED ACTIVITIES, RULES, POLICIES AND PRACTICES As a general matter, school should evaluate all gender-based activities, rules, policies, and practices-including, but not limited to, classroom activities, school ceremonies (Excluding Graduation), and school photos- and maintain only those that have a clear and sound pedagogical purpose. To the extent practicable, students shall be permitted to participate in any such activities to conform to any such rule, policy, or practice consistent with their gender identity. XIII. DRESS CODE Schools may enforce dress codes pursuant to school district policy. Students shall have the right to dress in accordance 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. XIV. STUDENT TRANSITIONS 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 students' transition, the school shall act in accordance with the following age-appropriate policies. A. Elementary School Generally, the parent or guardian informs the school of the student's impending transition. However, a student's desire to transition often first surfaces at school. 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 issues is appropriate at the elementary level. Together, the family and school can then identify appropriate steps to support the student. B. Secondary School Generally, notification of a student's parents or guardians about his or her gender identity, expression, or transition is unnecessary, as they are already aware and may be supportive. In some cases, however, notifying parents or guardians carries risks for the student, such as being kicked out of the home, abuse, or neglect. Prior to notification of any parent or guardian regarding the transition process, school staff should work closely with the student to assess if, or the degree to which, the parent or guardian will be involved in the process. The primary considerations are the health, well-being, and safety of the transitioning student. When a student transitions during the school year, the school shall hold a meeting with the student, and the student's parent(s) or guardian(s) if they are involved in the process, to ascertain the desires and concerns relative to the transition. The school should discuss a timeline for the transition to create the conditions supporting a safe and accepting environment at the school. Finally, the transition plan, timelines for transition, and any relevant legal requirements will be shared with any educators that have a legitimate educational interest in that information. XV. TRAINING AND PROFESSIONAL DEVELOPMENT The school district shall conduct staff training for staff members, including teachers, administrators, counselors, social workers, and health staff, on their responsibilities under applicable laws and this policy. Information regarding this policy shall be incorporated into training for new school employees. B. To the extent funding is available, the school district shall implement ongoing professional development to build the skills of all staff members to improve the educational integration of transgender and gender nonconforming student. The content of such professional development may include, but not be limited to: (1) terms, concepts, and current developmental understandings of gender identity, gender expression, and gender diversity in children and adolescents; and (2) developmentally appropriate strategies for communication with students and parents about issues related to gender identity and gender expression that protect student privacy. XVI. PUBLICATION This policy will be included in the student handbooks and posted on the school district website. Legal References: Minn. Stat. § 121A.04 (Athletic Programs; Sex Discrimination) Minn. Stat. Ch. 363A (Minnesota Human Rights Act) 20 U.S.C. §§ 1681-1688 (Title IX of the Education Amendments of 1972) 34 C.F.R. Part 106 (Implementing Regulations of Title IX) Cross References: Policy 102 (Equal Educational Opportunity) Policy 413 (Harassment and Violence) Policy 514 (Bullying Prohibition Policy) Policy 515 (Protection and Privacy of Pupil Records) Policy 522 (Student Sex nondiscrimination ) Policy 525 (Violence Prevention) Policy 526 (Hazing Prohibition) Policy 528 (Student Parental, Family, and Marital Status Nondiscrimination) |
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