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My legal guide to preserving the rights of transgender students is coming from the perspective of a lead junior high school counselor. The audience for this guide is geared towards counselors, teachers, and other staff members on my campus. The purpose of this presentation is to inform all staff members of the rights that transgender students are entitled to while on our campus. I chose this topic for my presentation because the issue is an emerging situation that our staff has faced over the last two years on our campus. There have been many questions and concerns from staff members about restroom usage and other rights of transgender students at York Junior High.

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I spoke with a veteran counselor in Conroe ISD, Mrs. Carol Ann West about the rights of transgender students in our school district.  Mrs. West has over 20 years experience as a counselor and currently serves as a lead counselor within the district.

Why is preserving the rights of transgender students important at the junior high level?
In our interview, Mrs. West explained that there has been an influx in the amount of students that identify as transgender in our district.  In the last two years, there have been at least six students on her campus that have identified as transgender.  These students have struggled with being bullied, using preferred restroom facilities, and many other issues.  This issue is important for staff to realize that there are current laws in place; and, there are also proposed laws that can impact these students.  She stressed the importance of keeping up with these laws so that the staff and the campus as a whole are not liable if these laws are not followed.

Best Practices
Mrs. West recommended best practices for staff members to follow when a transgender student is enrolled on our campus:

1) Contact the parent to best accommodate the student.  Mrs. West explained that this should be the first priority of a counselor when a student identifies themselves as transgender.  The parent will, in most cases, express ideal solutions to problems that may arise at school. She stated that this is a proactive approach to help solve issues before they happen.
2)  Teachers and staff members that are in direct contact with the  should be informed when a student identifies as a transgender student.  This is another proactive approach that Mrs. West suggested.  Teachers have an obligation to protect all students, especially students that are at a higher risk of facing bullying or other problems.
3) All staff members should stay up to date on local district policy and other state and federal laws.  This will help reduce liability as a whole.

Emerging Issues
Mrs. West explained that the biggest issue that transgender students face deals with preferred restroom and locker room usage.  This issue is controversial and the laws are constantly changing.  Mrs. West stressed that if a transgender student desires to use a restroom or locker room of their chosen identity, the school must immediately contact district office.  This allows the school district to be informed of potential problems that may arise from community members.  Fortunately there have been no major problems with transgender restroom usage, but it is always important to stay ahead of potential problems.

Citation:
(C. West, personal communication, July 2, 2019)

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Conroe ISD is committed to providing access to all individuals, including those with disabilities, seeking information on our website. If you use assistive technology (such as a screen reader, eye tracking device, voice recognition software, etc.) and are experiencing difficulty accessing information on this site, please contact the Director of Communications at: 3205 W.

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The American School Counselor's Association published a blog post concerning transgender students support.  In this blog post, the association states that creating a welcoming environment for transgender students should be considered a best practice for all schools.  The article gives multiple methods to ensure that a school environment is welcoming, such as: using preferred pronouns, reducing bullying, and adhering to policies.

This resource is helpful because it provides methods to help support transgender students.

Citation:
American School Counselor Association (ASCA), (2016, May 1). Transgender student support [Blog post]. Retrieved from https://www.schoolcounselor.org/magazine/blogs/may-june-2016/transgender-student-support

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Today's society is recognizing the experiences and needs of transgender people as never before. This trend is most evident in our nation's schools, where an increasing number of transgender and gender-expansive students live openly as their authentic selves. At the same time, parents, students, educators, administrators and other stakeholders are working together to determine the best ways to support these students.

Many are unfamiliar with the needs of transgender students, and attempts to meet those needs can be fraught with emotion for all involved. Educators may have concerns about their own capacity to support their transgender students or hesitate to act because of personal feelings or fear of negative reactions from the larger community. Similarly, families and caregivers are sometimes uncertain about what support their child needs in school or question the school's commitment to their child's well-being.

This dynamic can create an adversarial relationship among the very individuals working to support the student. Finally, transgender students themselves may struggle with a variety of issues in seeking to be authentically seen, including the fear of social rejection and mistreatment or abuse from peers. As a result, many of these students hope to escape notice and to simply survive rather than flourish.
For many school counselors and administrators, addressing transgender issues begins with a transgender or gender-expansive child enrolling at their school or a current student starting to express his or her gender identity in a new way. Although this article focuses on the unique needs of transgender students, it is critical to recognize that transgender students are not the only youth affected by gender at school. Stereotypes about gender are reinforced in many ways in the school environment, which prevents all youth from reaching their full potential. For example, we may limit the toys or activities students can enjoy based on our preconceived notions of appropriate behavior and roles for girls and boys.

Creating a more welcoming environment for students' gender diversity is a more effective and lasting strategy than trying to "solve" the concerns associated with an individual transgender student. Accordingly, many schools are working to develop more gender-inclusive environments for all students, knowing that they are also creating more affirming spaces for transgender students in the process. Such work represents a systematic approach to improving a school's overall climate and will ultimately increase all students' sense of safety, engagement and inclusion.

Despite the tendency to conflate sexual orientation and gender identity, the two are very different. Sexual orientation describes a person's sexual or romantic attraction, while gender identity refers to someone's own personal sense of being male, female, both or neither. Everyone has both a gender identity and a sexual orientation.

Children typically begin expressing their gender identity between the ages of two and four years old. Around this age, transgender children often express their cross-gender identification to their family members and caregivers through statements such as "I have a girl brain and boy body" or vice versa and behavior such as dressing in clothing and engaging in activities consistent with their gender identity. Even at that young age, transgender children are often insistent and persistent about their gender, differentiating their behavior from a "phase" or imaginative play.

With the love and support of families, caregivers and other adults, transgender children and youth can thrive. Supporting them means allowing them to live in a manner consistent with their gender identity, which helps them develop self-esteem and grow into happy, healthy members of society.

However, some transgender children receive the message from their families, caregivers and society that there is something wrong with who they are and begin to repress their cross-gender identification out of fear and shame. Not having their gender identity respected and affirmed in their daily lives will likely cause them significant psychological distress. That distress is often exacerbated when a transgender student's gender identity is not affirmed at school, which can be a very gendered space (e.g., girls' and boys' toys/games, girls' and boys' lines).

The consequences of not affirming a child's gender identity can be severe, and it can interfere with the student's ability to develop and maintain healthy interpersonal relationships. In the school context, that distress will also hinder a transgender student's focus in class and ability to learn. The longer a transgender youth is not affirmed, the more significant and long-lasting the negative consequences can become, including loss of interest in school, heightened risk for alcohol and drug use, poor mental health and suicide.

As visibility and awareness of transgender people increases more parents, counselors and health care providers are learning about the importance of supporting transgender youth. Educators and school administrators are also working to affirm these students, recognizing that every child deserves an opportunity to thrive in school. Gender-based harassment and violence can be widespread in schools and affect all students, not just those who are transgender or gender-expansive. All educators - whether or not they have a transgender student in their school - can benefit from instituting better interventions when bias and bullying arise and fostering gender-inclusive learning environments to preclude the need for such interventions altogether.

Factors such as the student's age, personality and emotional state, the level of family support, the school's organizational design and even the time of year all can affect how the student's transition unfolds. It is important to avoid seeking some universally "correct way," and instead to focus on identifying which steps will create the necessary conditions to make this particular student's experience as positive as possible. Creating a tailored gender transition plan is the best way to ensure the process is thoughtfully constructed and accounts for these various factors.

A person's name and pronouns are an important part of that individual's identity. In many ways, they define how someone is perceived and affect how they interact with others. In our everyday lives, we consistently make an effort to use a person's chosen name and pronoun without even asking whether that is the person's legal name or gender, let alone requiring proof. It is important to extend those same social courtesies to a transgender student.

Consistently using a transgender student's chosen name and pronouns signals that the speaker is respecting and affirming the transgender student's gender identity. When the speaker is an educator, using the student's chosen name and pronoun also models and sets expectations for the school community. Although seemingly minor, these simple actions can have a profound effect on the student's experience. Conversely, intentionally using a transgender student's prior name and associated pronouns will make that student feel unsafe and unwelcome and will interfere with the student's ability to learn.

Another crucial element in supporting transitioning students is giving them access to sex-separated facilities, activities or programs based on the student's gender identity. Restrooms, locker rooms, health and physical education classes, competitive athletics, overnight field trips, homecoming court and prom are just some of the explicitly gendered spaces that tend to be the most controversial because they require us to re-examine our beliefs about who belongs in those spaces. This can be challenging for everyone involved.

Every day, students in California, Colorado, Connecticut, Maine, Massachusetts and Washington - and at scores of individual schools across the nation - attend schools that respect and affirm transgender students by providing them access to the restrooms and locker rooms that match their gender identity. The experiences of these schools demonstrate that implementing such a policy is not only possible but that it does not create the problems that some fear it will.

In early 2015, Media Matters for America contacted officials at the largest school districts in 12 states that have laws protecting transgender students, and not a single one reported "any incidences of harassment or inappropriate behavior" as a result of "allowing transgender students to access facilities they're comfortable with." This is not surprising given that schools have permitted all students to access restrooms and locker rooms based on gender identity for many years; it is, in fact, the norm throughout society to allow people to access those facilities without being asked to prove their gender. Enforcing any other type of policy would be unmanageable and invasive.

It is the responsibility of each school and district to ensure transgender and gender-expansive students have a safe school environment, which includes ensuring that any incident of discrimination, harassment or violence is thoroughly investigated, appropriate corrective action is taken and students and staff have access to appropriate resources. Complaints alleging discrimination or harassment based on a person's actual or perceived transgender status or gender expression should be handled in the same manner as any other discrimination or harassment complaints.

Although all school districts should have nondiscrimination and harassment policies that cover gender identity, policies alone are not enough. Districts must also address bullying and harassment with research-based interventions. Research has shown that punitive policies requiring actions that remove students from their educational environments, such as zero-tolerance policies that rely on suspension and expulsion, are detrimental to overall school climate. Instead of changing behavior, suspension and expulsion reinforce negative behavior and often harm the students these policies are meant to protect, because they are used disproportionately against LGBTQ students, students of color and students with disabilities. What this means in practice is that the LGBTQ student who fights back against bullying is more likely to be punished than the student who is the aggressor. Restorative justice programs and positive behavior interventions and supports are two examples of alternative discipline approaches that improve school climate and address the root cause of bullying and harassment. The most effective way to reduce bullying is to create a schoolwide culture of inclusion and respect for difference
Supporting transgender students boils down to the basic principle that students can and should be supported and able to attend schools where their authentic gender is recognized and honored.
Planning is essential, but that doesn't mean the process of supporting a transgender student will be without its challenges, anticipated or otherwise. Although educators are on the front lines of this effort, the ultimate success of the student's experience rests on the ability of all the stakeholders to work together. Just as a transgender youth's transition is a journey, so too is the process of supporting that transition and creating an affirming school environment. And the process is ongoing, as new situations can present themselves even years after a student has socially transitioned.

Whether you're a school counselor, administrator, parent or anyone else wanting to learn how to support transgender students more effectively, keep in mind that this process is doable. Working as a team, you can overcome any obstacle that arises, and in the end, you will have made a meaningful difference in not only students' lives but in the lives of their family, other students, educators and those in your community.

This article is reprinted from "Schools in Transition: A Guide to Supporting Transgender Students in K-12 Schools," published by the Human Rights Campaign Foundation. Download the complete publication at http://www.hrc.org/resources/schools-in-transition-a-guide-for-supporting-transgender-students-in-k-12-s. For more information and resources on supporting transgender students, visit www.hrc.org. http://www.welcomingschools.org/resources/school-tips/transgender-youth-what/.

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Transgender Student Support | American School Counselor Association (ASCA)

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Today's society is recognizing the experiences and needs of transgender people as never before. This trend is most evident in our nation's schools, where an increasing number of transgender and gender-expansive students live openly as their authentic selves. At the same time, parents, students, educators, administrators and other stakeholders are working together to determine the best ways to support these students.

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4. Education Week News Article:  Hostility towards LGBTQ students may be rising in schools. 

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4. Education Week News Article:  Hostility towards LGBTQ students may be rising in schools. 

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This article from Education Week highlights the fact that transgender students are experiencing elevated levels of bullying, harassment, and assault on campuses across the nation.  A recent study from the Gay, Lesbian, & Straight Education Network (GLSEN) surveyed students that identified as lesbian, gay, bisexual, transgender, or questioning (LGBTQ) from all 50 states and found that over 80% of these students were victims of bullying or harassment in 2017.  In addition, more than 40% of these students felt unsafe and avoided the use of bathrooms and locker rooms while at school.

This article should serve as affirmation that transgender students' rights should be better protected.

Citation:
Mitchell, C. (2018, October 15). Hostility toward LGBTQ students may be rising in schools, survey finds,  Education Week. Retrieved from http://blogs.edweek.org/edweek/rulesforengagement/2018/10/lgbt_students_may_be_facing_more_hostile_school_environments_report_finds.html

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After years of improvement in school climate, lesbian, gay, bisexual, and transgender students could be facing more hostile environments on campus, a new national student survey found.

The frequency of verbal harassment of transgender students increased between 2015 and 2017, after years of decline, while reports of physical harassment and assault based on gender expression remained roughly the same.

Overall, more than 80 percent of LGBTQ students were harassed or assaulted at school in 2017, with roughly one-in-six students reporting that they were physically assaulted at school because of their sexual orientation or gender expression, according to the survey commissioned by GLSEN, formerly the Gay, Lesbian and Straight Education Network.

While there were fewer reported incidents of physical harassment and assault based on sexual orientation in 2017 than 2015, the frequency of verbal harassment based on sexual orientation remained unchanged during that time.

About 23,000 LGBTQ youth from all 50 states, the District of Columbia, and the U.S. territories participated in the 2017 National School Climate Survey. More than 70 percent of the respondents were high school students.

The findings come in the aftermath of the Trump administration's decision, in February 2017, to rescind Obama-era guidance on the rights on transgender students is playing out in schools. The guidance called upon schools to respond quickly to harassment of transgender students, to use their preferred gender on school forms and in assigning them to sex-segregated classes and activities, and required that schools allow students to use the restrooms and locker rooms that match their gender identity.

"We've seen great progress on dismantling homophobia and transphobia over the past decade, and increasing access to LGBTQ-inclusive supports in K-12 schools. Unfortunately, in 2017, that continued progress has slowed, and in some cases, we see no change at all. Worse still, our findings indicate that many schools have become even more hostile towards transgender and gender nonconforming youth," Dr. Joseph Kosciw, the chief research and strategy officer at GLSEN, said in a statement.

"The good news we continue to see is that LGBTQ youth have better mental health and academic outcomes in schools with supportive and inclusive policies, educators, curriculum, and student-led GSA clubs."

A significant share of survey respondents also expressed concern that school employees contributed to the hostile environment in schools.

More than half of LGBTQ students heard homophobic remarks from staff, and over two-thirds heard negative remarks from staff about students' gender expression. The survey also found that less than one in five LGBTQ students reported that school staff intervened most of the time or always when overhearing homophobic remarks at school.

"This report should serve as an alarm bell for advocates and a call to action for anyone who cares about students' well-being," GLSEN Executive Director Eliza Byard said in a prepared statement.

Despite the upward trend in negative remarks from staff, most students did report having supportive adults at their schools: nearly 97 percent could identify at least one staff member supportive of LGBTQ students at their schools, and more than 60 percent could identify six or more helpful staff members.

Among the report's other findings:

Nearly one-in-five LGBTQ students reported changing schools due to feeling unsafe or uncomfortable.

Eighty percent of LGBTQ students have engaged in social-political activism, such as advocating for safe schools online or policy change at school

More than a third of LGBTQ students missed at least one day of school in the last month because of feeling unsafe at school, and at least 40 percent avoided bathrooms and locker rooms.

Here's a copy of the full GLSEN report:

GLSEN 2017 National School Climate Survey by corey_c_mitchell on Scribd
Related Stories Effort Builds to Track School Climate for LGBT Students Educators Conflicted on LGBT Issues, Survey Shows Trump Administration Rescinds Transgender-Student Guidance Feds on Transgender Student Rights: Focus on Bullying, Not Bathrooms

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Hostility Toward LGBTQ Students May Be Rising in Schools, Survey Finds

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About 23,000 LGBTQ youth from all 50 states, the District of Columbia, and the U.S. territories, participated in the 2017 National School Climate Survey. A significant share of survey respondents expressed concern that school staff contributed to the hostile environment for LGTBQ students in schools.

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5. Education Dive News Article:  Trump is scrapping Obama ed groundwork

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5. Education Dive News Article:  Trump is scrapping Obama ed groundwork

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According to a news article from Education Dive, President Trump and his office are seeking to eliminate protections for transgender students in schools.  The article states that the previous Obama administration defined Title IX policies regarding sex as gender identity.  President Trump is now defining sex as determined by birth.  Trump has already rescinded Obama's guidance on allowing transgender students to use the restroom of their choice.

This article is important to the topic of preserving transgender student rights because the laws and guidance are constantly changing.  It is important for educators to stay up to date on this issue.

Citation:
Campisi, J. (2018, November 6). Trump is scrapping Obama ed groundwork one policy at a time - and there's likely more to come. Education Dive. Retrieved from https://www.educationdive.com/news/trump-is-scrapping-obama-ed-groundwork-one-policy-at-a-time-and-theres-l/541299/

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In October 2015, then-presidential candidate Donald Trump said if he was elected president, he would consider eliminating the U.S. Department of Education. While that hasn't happened since he took office in January 2017, his administration has gutted or changed much of the Obama-era policies and guidelines that previously defined the K-12 sphere, and more changes seem to be on the way.

Here's a running list of pieces of Obama-era K-12 education policy dismantled under Trump, along with those at risk of being severed next.

What Trump has thrown out

As part of Education Secretary Betsy DeVos rescinding the 2011 " that included giving accusers more power, narrowing the definition of sexual harassment, and only holding schools accountable for properly filed formal complaints, The New York Times reported. The Wall Street Journal has since reported that these rules, rather than giving accusers more power, would require schools to Trump: Dear Colleague" letter - which outlined federally funded schools' responsibility in handling K-12 and college campus sexual assault - Trump's administration issued interim guidance in September 2017 that said colleges could raise the standard of proof in determining whether a sexual misconduct incident took place. allow the accused to cross-examine their accusers.

About a year later, DeVos was reportedly preparing new campus sexual misconduct policies

The Obama administration prepared the "Dear Colleague" letter, issued by the Office for Civil Rights, reminding schools that received federal funding of their responsibility to prevent sexual violence and address allegations as they arise. The letter included guidance on how schools should investigate and adjudicate sexual violence complaints immediately and effectively, and under this guidance, schools were told to use the standard of " Obama: preponderance of evidence," or "more likely than not."

Trump: In late October, it was announced that the Trump administration was seeking to redefine gender and remove Title IX protections for transgender students. Under this new definition, gender would be a biological factor solely determined by genitalia at birth, effectively defining "transgender" out of existence and removing recognition of the many students who identify this way. And in February 2017, Trump scrapped Obama-era guidance on bathrooms for transgender students.

The Obama administration's 2016 guidance moved to protect and recognize transgender students, allowing students to use the bathroom that Obama: corresponded to their gender identity rather than their biological sex. Under this guidance, which was issued to public school districts across the country, Title IX policy - which bans sex discrimination - also protected students who identified as transgender, demonstrating recognition of this group.

Trump: In July, the Trump administration announced it was withdrawing several Obama-era guidance documents designed to help schools take race into account to make their campuses more diverse.

Between 2011 and 2016, the Obama administration issued seven documents that, for example, stated schools could consider race during the admissions process in trying to achieve diversity. It also included guidelines on how schools should handle complaints about admissions policies and decisions.

Trump administration officials encouraged GOP lawmakers in Congress Trump: to repeal regulations in March 2017 associated with the Every Student Succeeds Act (ESSA), on the grounds that they were overreaching the law's original intent in instructing states how schools would be held accountable for student performance. Days later, DeVos issued a new application for states to use in developing their own ESSA plans, but it was shorter and had fewer requirements than the application released by the Obama administration.

In 2015, Obama signed the bipartisan Every Student Succeeds Act into law, Obama: replacing the Bush-era No Child Left Behind Act and leaving states with more power in deciding the curriculum, instruction and assessments students get. In explaining to states how this new law should be implemented, it encouraged them to weigh student achievement measures more heavily than other factors, and it said schools had to create a public annual report card with schoolwide student achievement data and other school success indicators.

Socioeconomic diversity

On March 29, 2017, the Education Department decided to scrap a grant program from the Obama administration geared toward helping districts create more Trump: socioeconomically diverse schools. DeVos said in remarks that the program was cut because it wasn't delivering results, and because the money was used for planning instead of implementation and was a waste of tax dollars, The Washington Post reported.

Obama: The $12 million " Opening Doors, Expanding Opportunities" grant program, established in the Obama administration's final days, was intended to demonstrate the president's commitment to bolstering integrated schools. Its goal, the Federal Register wrote, was to assist local officials in devising strategies to increase socioeconomic diversity in classrooms and, by extension, up student achievement levels.

What could be next

After a gunman opened fire and killed 17 people at a Florida high school in February, Trump announced the formation of a federal school safety commission headed by DeVos that would focus on tackling areas including the repeal of the Obama administration's "Rethink School Discipline" policies. The commission, which met multiple times and held its final listening session in August, is expected to release a list of recommendations by the end of the year, and DeVos could choose to rescind this guidance.

The Obama administration first issued in 2014 its " Rethink Discipline" guidelines, which detail legal boundaries on restraint and seclusion in schools, ways to address behavioral needs of students with disabilities, resources to create a positive school culture, and a letter calling for the end of corporal punishment. The guidance also said districts that followed discriminatory policies or had disproportionately high discipline rates for a particular racial group could face consequences for violating civil rights laws.

"Rethink Discipline" was launched along with the " My Brother's Keeper" initiative, which aimed to expand opportunities for boys and men of color through areas including mentoring programs.

Trump: The Education Department said this year that it would place a two-year delay on a 2016 policy enacted under Obama that focused on students with disabilities. The rule was initially set to go into effect for the 2018-19 school year.

Obama: The rule, issued in the last months of Obama's tenure, was intended to help schools and districts recognize and prevent racial or ethnic discrimination in identifying students who need special education services.

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Trump is scrapping Obama ed groundwork one policy at a time - and there's likely more to come

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In October 2015, then-presidential candidate Donald Trump said if he was elected president, he would consider eliminating the U.S. Department of Education. While that hasn't happened since he took office in January 2017, his administration has gutted or changed much of the Obama-era policies and guidelines that previously defined the K-12 sphere, and more changes seem to be on the way.

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6. Federal Constitutional Law U.S. Const. amend. I

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6. Federal Constitutional Law U.S. Const. amend. I

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The first amendment awards all Americans with the right to freedom of speech. Federal district courts have cited the first amendment’s right to free speech as a basis to support many transgender students’ rights. These rights include the right to wear clothing of the opposite sex, the right to create student organizations (if non transgender clubs exist), and the right to be referred to by a preferred pronoun (he/him or she/her). The fundamental right of speech must be maintained by all schools and their employees for every student, including transgender students.

Citation:
U.S. Const. amend. I

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U.S. Senate: Constitution of the United States

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7. Federal Statutory Law: Education Amendments Act of 1972, 20 USC § 1681

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7. Federal Statutory Law: Education Amendments Act of 1972, 20 USC § 1681

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This federal statutory law, referred to as Title IX, bans discrimination in schools based on sexual orientation, including students that identify as transgender. This means that a transgender student has the right to the same quality education that their straight peers receive. Under Title IX, schools can lose federal funding if they do not provide protections against discrimination based on sexual orientation. Recently, the United States Department of Education has proposed changes to Title IX that will eliminate the protections of transgender students; however, these changes have not been made official. As a result, schools must still provide protection for these students.

Citation:
Education Amendments Act of 1972, 20 USC § 1681

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this section shall not apply with respect to any scholarship or other financial assistance awarded by an institution of higher education to any individual because such individual has received such award in any pageant in which the attainment of such award is based upon a combination of factors related to the personal appearance, poise, and talent of such individual and in which participation is limited to individuals of one sex only, so long as such pageant is in compliance with other nondiscrimination provisions of Federal law.

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8. State Judicial Law: Whitaker v. Kenosha Unified School District, No. 16-3522 (7th Cir. 2017) 

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8. State Judicial Law: Whitaker v. Kenosha Unified School District, No. 16-3522 (7th Cir. 2017) 

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This court case took place in Wisconsin and was upheld by a federal court of appeals. In this case, Ashton Whitaker was born a girl but identified as a male. Whitaker sued the school district for violating his Title IX protections based on gender identity. According to Whitaker, he was not allowed to use the boy’s restroom and was referred to as she or her in front of other students. The school also refused to let Whitaker run for prom king. Both the lower court and the appeals court ruled in favor of Whitaker, citing protections under Title IX. As a result, Whitaker was allowed to use the boy’s restroom. This landmark case has provided transgender students with a basis to use the restroom and locker room facilities based on their gender identity.

Citation:
Whitaker v. Kenosha Unified School District, No. 16-3522 (7th Cir. 2017)

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9. Federal Administrative Law 34 C.F.R. § 106.33

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9. Federal Administrative Law 34 C.F.R. § 106.33

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In 2010, the Department of Education published a set of regulations that include providing comparable locker room, shower, and restroom facilities based on sex.  The regulation does not define sex as male or female, nor does it exclude transgender identities.  President Obama issued a Dear Colleague Letter that clarified gender as an identity (Dear Colleague Letter, 2016), however; President trump rescinded this recommendation in his administration's letter (Dear Colleague Letter, 2017).  As a result of these differing statements from presidents, the law is clearly undefined when it comes to transgender students.

Citations:
Battle, S. & Wheeler, T.E. (2017, February 22). Dear Colleague Letter. Washington, DC: U.S. Departments of Justice and Education, Offices for Civil Rights. Retrieved from https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201702-title-ix.pdf

Comparable Facilities, 34 C.F.R. § 106.33

Lahmon, C.E. & Gupta V. (2016, May 13). Dear Colleague Letter. Washington, DC: U.S. Departments of Justice and Education, Offices for Civil Rights. Retrieved from https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf

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10. Local Policy:  Conroe ISD Employee Handbook

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10. Local Policy:  Conroe ISD Employee Handbook

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The handbook for Conroe ISD outlines the district policy for harassment of students based on gender or sex. According to the handbook, prohibited harassment includes doing things that affects a student’s participation in an educational program or activity, interfering with a student’s academic performance, creating adverse obstacles in educational opportunities, intimidating, threatening, or creating a hostile environment. This policy also prohibits discrimination and retaliation to students with punishments that include termination of employment. Based on interpretations, it is important to realize that the local administrative law also provides protections for transgender students.

Citation:
Conroe Independent School District. (May 2018). Employee Handbook, Harassment of Students.

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11. Ethical Principle:  ASCA Ethical Standard A.1.f

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11. Ethical Principle:  ASCA Ethical Standard A.1.f

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Standard A.1.f
"Respect students’ and families’ values, beliefs, sexual orientation, gender identification/expression and cultural background and exercise great care to avoid imposing personal beliefs or values rooted in one’s religion, culture or ethnicity." (American School Counselor Assocaition (ASCA), 2016, p.1)

A counselor must set aside personal beliefs regarding the topic of transgender identity.  In addition, it is a counselor's responsibility to educate staff members on the rights of transgender students.

Citation:
American School Counselor Association. (2016). Ethical standards for school counselors. Alexandria, VA: Author. Retrieved from  https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

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12. Non Source Law: A Guide for Supporting Transgender Students in K-12 Schools

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12. Non Source Law: A Guide for Supporting Transgender Students in K-12 Schools

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This guide from the Human Rights Campaign (hrc.org) outlines topics for districts, schools, and teachers regarding transgender students.  This resource provides tips for navigating through controversial issues like using preferred pronouns, confidentiality, restroom and locker room access, sport participation, and bullying prevention.  In addition, the guide gives suggestions when working with parents who are unsupportive.

Citation:
Orr, A., & Baum, J. (2015). Schools in transition: A guide for supporting transgender students in K–12 school [Pdf file]. Retrieved from https://assets2.hrc.org/files/assets/resources/Schools-In-Transition.pdf?_ga=2.186192681.1451364342.1563558750-251309131.1563558750

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13. Bullet List of Best Practices to Ensure the Rights of Transgender Students are Protected

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13. Bullet List of Best Practices to Ensure the Rights of Transgender Students are Protected

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To ensure that the rights of transgender students are being protected, Mark Wilson and the YJHS Counseling Center recommends the following best practices:

Be Proactive.  Don't be afraid to conference with the student or parent if you are the teacher of record, counselor, or administrator.  Communicate that you are here to provide the safest and best quality education.  Ask the student or parent if there are any concerns, requests, or issues that you can help with.

Keep Confidentiality Standards.  Stay in FERPA compliance when dealing with transgender students.  Do not discuss or release any personal identifiable information to anyone.

Do not tolerate bullying.  Do not be a bystander that does nothing.  A teacher has an obligation to prevent bullying to all students, transgender students included.

Raise Awareness.  All teachers, counselors, administrators, and staff have an obligation to raise awareness of student's rights, including transgender rights.

Adhere to the Dress Code Policy.  York JHS has adopted a dress code policy that gives students the right to dress in a manner consistent to their gender identity.  Keep in mind that no vulgar or indecent attire is allowed regardless of gender.

Use a student's preferred pronoun.  For example, if a transgender student identifies as him/he, then refer to them as him/he when using pronouns.

Allow Equal Restroom Access.  Supreme Court laws have decided that students are allowed to use the restroom of thier choice.  However, please notify a counselor or administrator if you notice a male entering a female restroom or a female entering a male restroom.

Stay current on legal changes.  The topic of transgender rights is constantly changing.  It is important that you stay aware of changing laws and policies on the local, state, and federal levels.