# data[].attributes.headline
ASCA Ethical Standards for School Counselors

# data[].attributes.subject
ASCA Ethical Standards for School Counselors

# data[].attributes.body
(e) Standard IV. Learner-Centered Equity and Excellence for All Learners: The certified school counselor promotes academic success for all learners by acknowledging, respecting, and responding to diversity while building on similarities that bond all people. The certified school counselor must:

(2) advocate for a school environment in which diversity is acknowledged and respected, resulting in positive interactions across all cultures, genders, ethnicities, and learning styles ("American Ethical Standards for School Counselors", 2022),

Transgender students are often the victims of bullying and harrassement. It is critical that school counselors advocate for this vulnerable group of students by encouraging a safe and affirming school environment.

Reference:

American Ethical Standards for School Counselors. (2022). Retrieved 15 July 2022, from https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

# data[].attributes.body
Forth Worth ISD campus administrators, guidance counselors and other educators, are directed to insure a safe and supportive environment for transgender students and their parent(s)/guardian(s). Campus administrators, guidance counselors and educators are expected to consider the needs of transgender students and their families on a case by case basis. School administrators, guidance counselors and educators shall engage with parent(s)/guardian(s) and work collaboratively with them and the student to develop individual support plans ("Fort Worth ISD Transgender Student Guideline", 2022)

Reference:

https://www.fwisd.org/site/handlers/filedownload.ashx?moduleinstanceid=4714&dataid=2590&FileName=FWISD_Transgender_Student_Safety_Guideline_1.pdf

# data[].attributes.body
Governor Greg Abbott and Attorney General Ken Paxton, issued letters declaring certain medical procedures and treatments for minors with gender dysphoria could constitute child abuse under state law

This Texas law would include teachers and other licensed professionals be required to report this “abuse” to child protective services

Professional groups in medicine, social work, and education are speaking up and arguing that treatments for gender dysphoria are we-established and medically necessary

This has prompted a lawsuit by the American Civil Liberties Union and the Lambda Legal Defense and Education Fund

A District Judge issued a statewide injunction blocking any investigations under the governor's directive to DFPS which argues that the Abbott directives violate the state constitution and state administrative law (Dellinger, 2022)

Texas Educators Say They Don't Want to Be 'Transgender Police' (edweek.org)\

Reference:

Walsh, M. (2022). Texas Educators Say They Don't Want to Be 'Transgender Police'. Retrieved 14 July 2022, from https://www.edweek.org/policy-politics/texas-educators-say-they-dont-want-to-be-transgender-police/2022/03

# data[].attributes.body
In my interview with Krisa Zeigler, the counselor for Crane ISD we discussed how Transsgender students are one of the most vulnerable and at -risk groups in public education. They often face harassment, depression and thoughts of suicide or attempted suicide. These students tend to have a lower GPA and miss more school compared to their peers and they are less likely to pursue continuing education. It is our responsibility as school counselors to ensure all students feel safe in pursuing their education. The three best practices Mrs. Zeigler suggested are to treat transgender students according to their gender identity, use prefered names and pronouns, and allow transgender to dress according to their preffered identity. She identifed  the biggest issue now regarding transgender students rights is that of facilities such as restrooms and locker rooms. There is limited federal caselaw regarding transgender students and Title IX. Some cases have looked at case law regarding Title VII of the Civil Rights Act of 1964. However, Texas has sued the Department of Education and other federal agencies claiming federal overreach on this topic. As all this is playing out in court, the current status of laws in reference to transgender students remain unsettled.

# data[].attributes.body
Transgender students face name-calling, bullying, harassments, and physical violence. The result is these students miss more school, make lower grades, feel isolated which can result in anxiety, depression, self-harm, dropping out of school, other mental health issues, or even suicide.
Efforts to legitimize Transgender students has been met with a lot of adversity from many educators in our school system. An estimated 150,000 teens ranging in age from 13-17 years old identify as transgender in the U.S. according to a 2017 study by the Williams Institute at the University of California School of Law (Herman et al., 2017).
This issue is important to me and having a transgender student raised my awareness to the importance of being an advocate for all students. As school counselors, we must educate ourselves in order to adhere to ethical standards and the state and federal laws pertaining to these students. We must work to create a safe and inclusive environment by using inclusive policies and procedures, curriculum, and extra-curricular activities.
We also need to educate staff on issues transgender students face and ways to support them.
While we have a long way to go in this area, these laws have started paving the way for these students. School districts have a duty to ensure they are enforcing Title IX of the Education Amendments of 1092 and following the guidelines set forth by the Texas Administrative Code.

# data[].attributes.body
Counselors must know stay current with laws regarding LGBTQIA+ students to ensure they are respected, affirmed, and protected

There must be a antibullying program in place and it must be accepted and followed

Every Texas student has the right to be called by their gender-affirming name and pronouns.

Every student has a right to dress in accordance with their gender identity at school.

Every student deserves a safe and affirming place to use the restroom and locker room

LGBTQIA+ students have a right to participate fully and equally in school activities like dances, homecoming, and prom, and they have a right to be their true and authentic selves when participating in these events.

# data[].attributes.headline
The Women’s Educational Equity Act of 1974

# data[].attributes.subject
The Women’s Educational Equity Act of 1974

# data[].attributes.attachment_link.readable_text
Educators in Texas are watching with uncertainty and anxiety as a controversy unfolds over efforts by the governor and state attorney general to classify as "child abuse" some medical treatments for transgender children.

"It is concerning and ambiguous for people" in education who are legally responsible for reporting suspected cases of child abuse, said Kelsey Theis, the president of the Texas Association of School Psychologists.

Last month, Gov. Greg Abbott and Attorney General Ken Paxton, both Republicans, issued letters declaring that certain medical procedures and treatments for minors with gender dysphoria could constitute child abuse under state law. Both officials delivered reminders that teachers are among the mandatory reporters who must notify authorities about suspected child abuse or face criminal charges.

"Texas law imposes reporting requirements upon all licensed professionals who have direct contact with children who may be subject to such abuse, including doctors, nurses, and teachers," Abbott said in his Feb. 22 letter to the state commissioner of the Department of Family and Protective Services.

In his Feb. 18 opinion letter, Paxton wrote that some of these treatments and procedures-such as hormone therapy and surgery-amount to sterilization.

"The medical evidence does not demonstrate that children and adolescents benefit from engaging in these irreversible sterilization procedures," Paxton wrote.

The letters prompted a firestorm. Critics contend the governor and attorney general were seeking to accomplish through executive action what the state legislature could not when legislation that would have criminalized certain treatments for gender dysphoria failed to gain approval.

The critics say the state family and protective services department quickly began conducting investigations into families with transgender children, including an employee of the agency who is the mother of a transgender daughter.

Professional groups in medicine, social work, and education also are speaking up, arguing that treatments for gender dysphoria are well-established and medically necessary.

The president of the Texas Pediatric Society said in a statement that "This directive undermines the physician-patient-family relationship and will cause undue harm to children in Texas."

Theis, a school psychologist for an Austin, Texas-area school district, said the governor's and attorney general's interpretation would present a quandary for members of her profession.

"It would put people in an ethically challenging spot" if that interpretation became clearly established, she said. "We're ethically obligated to speak up for the best interests of students and families."

Megan A. Mooney, a Houston child psychologist in private practice, is a plaintiff in a lawsuit filed by civil-rights groups challenging the Abbott and Paxton letters. She serves many transgender young people, she said in an affidavit.

"The latest actions purporting to require me to report gender-affirming care as child abuse put me in an untenable situation," she said. "If I fail to report my clients who receive this medical treatment, I face the prospect of civil and criminal penalties, the loss of my license, and other severe consequences. But if I report any of my clients for receiving critical and medically necessary care, I would be violating professional standards of ethics, [and] inflict serious harm and trauma on my clients."

Nationwide controversy swirls around transgender youth

The Texas controversy, one of several around the country involving transgender students on issues that also include sports participation, attracted the attention of the White House.

President Joe Biden on March 2 issued a statement condemning the "cynical and dangerous campaign targeting transgender children and their parents."

"Like so many anti-transgender attacks proliferating in states across the country, the governor's actions callously threaten to harm children and their families just to score political points," Biden said.

U.S. Secretary of Health and Human Services Xavier Becerra took several steps to remind Texas and other states that child-welfare agencies should support LGBTQ youths and that denying medical care based on gender identity would violate federal law.

Paxton pushed back on March 9, amending an existing lawsuit challenging federal guidance on transgender medical care. Paxton argues in court papers that Texas is not seeking to deny medical care based on gender identity, but to bar "unnecessary medical interventions" on children.

Although some in Texas have argued that Paxton's legal opinion is not binding, Jaime Masters, the commissioner of the state's DFPS and an Abbott appointee, ordered her department to carry out the governor's instruction to investigate families.

That prompted a lawsuit in state court by the American Civil Liberties Union and the Lambda Legal Defense and Education Fund. The suit named Mooney, the Houston child psychologist, as well as the family of the state child-protection worker and her 16-year-old transgender daughter, as plaintiffs.

In an affidavit, the child-protection worker and mother says the governor's and attorney general's letter have "wreaked havoc in our lives."

The worker, identified as Jane Doe, says her daughter, identified as Mary, began puberty-suppressing treatments last year after a diagnosis of gender dysphoria.

"Being able to be affirmed as who she is, including through the course of treatment prescribed by her doctors, has brought Mary significant relief and allowed her to thrive," Jane Doe says in the affidavit.

The mother said that after she contacted DFPS to inquire about how the officials' letters would affect department policy, she was placed on paid leave and later contacted by a department investigator to determine if she and her husband had committed abuse in affirming their daughter's gender identity.

"Mary has been traumatized by the prospect that she could be separated from her parents and could lose access to the medical treatment that has enabled her to thrive," Jane Doe says in the affidavit. "We are living in constant fear about what will happen to our family due to the actions by DFPS, the governor, and the attorney general."

A Travis County District Court judge on March 2 issued a temporary restraining order blocking the investigation of the Doe family while the lawsuit proceeds. But the judge stopped short of issuing a statewide injunction pending further proceedings. Paxton's office appealed the TRO, but a state appellate court dismissed his motion on March 9.

Updated Saturday, March 12: On March 11, District Judge Amy Clark Meachum held a hearing and issued a statewide injunction blocking any investigations under the governor's directive to DFPS. She said there was a substantial likelihood that the plaintiffs would prevail in their suit, which argues that the Abbott directive violates the state constitution and state administrative law.

Paxton said on Twitter that he would appeal the injunction.

"Democrat judge tries to halt legal and necessary investigations into those trying to abuse our kids through 'trans' surgeries and prescription drugs," he tweeted. "I'm appealing. I'll win this fight to protect our Texas children."

Educators still awaiting guidance

The Abbott and Paxton letters, and the governor's request to the DFPS commissioner, have prompted concern among Texas educators whose legal responsibilities put them at the center of a heated controversy.

"Teachers don't want to get involved with this," said Clay Robison, a spokesman for the Texas State Teachers Association, an affiliate of the National Education Association. "Our members don't want to be the transgender police for Greg Abbott."

Robison says the Abbott and Paxton letters appeared motivated by political considerations. Abbott is seeking re-election as the Republican nominee and will face Democrat Beto O'Rourke in November. Paxton, seeking to keep his post, faces a Republican nomination runoff against George P. Bush in May.

Robison said teachers are awaiting guidance from their school districts on how the Abbott and Paxton interpretations will apply to mandatory reporters in schools.

The Texas Association of School Boards, which has issued guidance about reporting requirements in the past, said in response to a query from Education Week that it did not want to comment on the controversy.

Mandatory reporting laws can include criminal penalties

All 50 states have mandatory-reporting statutes that typically require teachers, social workers, therapists, doctors and certain others to report maltreatment of children to authorities. Some, such as Texas, contain criminal penalties for violations.

Some states require all persons to report abuse. Texas has such a provision applying to the general public, requiring anyone who has "a reasonable cause to believe that a child's physical or mental health or welfare has been adversely affected by abuse or neglect by any person shall immediately make a report."

A separate provision of state law applies to professionals, including teachers, day care employees, and juvenile probation officers, to report suspected abuse within 48 hours.

Many state and national groups representing the professionals who are mandatory reporters have objected to the Abbott and Paxton letters, including the American Academy of Pediatrics, the American Psychological Association, and the National Association of Social Workers.

The interpretations are "alarming," said Stacie LeBlanc, the board chair of the American Professional Society on the Abuse of Children. "We have a whole team working on this."

The group issued a statement on March 7 that says, "Gender-affirming care is an important aspect of affirming the identity of, and mitigating the health risks to, transgender youth." The group "strongly opposes the characterization of gender-affirming care as child abuse when provided in accordance with professional and ethical responsibilities and accepted standards of care."

# data[].attributes.attachment_link.title
Texas Educators Say They Don't Want to Be 'Transgender Police'

# data[].attributes.attachment_link.description
Educators in Texas are watching with uncertainty and anxiety as a controversy unfolds over efforts by the governor and state attorney general to classify as "child abuse" some medical treatments for transgender children. "It is concerning and ambiguous for people" in education who are legally responsible for reporting suspected cases of child abuse, said Kelsey Theis, the president of the Texas Association of School Psychologists.

# data[].attributes.body
This order prohibits discrimination on the basis of race, sex, color, national origin, disability, religion, age, sexual orientation, and status as a parent in federally conducted education and training programs (2000).

https://www.federalregister.gov/documents/2001/01/18/01-1494/executive-order-13160-guidance-document-ensuring-equal-opportunity-in-federally-conducted-education

Reference:

3 CFR 13160- Content Details -CFR-2001-title3-vol1-eo13160

# data[].attributes.body
The Women’s Educational Equity Act of 1974 passed by the United States Congress outlining federal protections against the gender discrimination of women in education. Established within the Office of Education to help provide educational equity for women in the United States (1973).

. http://www.congress.gov/

Reference:

H.R. 11149-93rd Congress (1973-1974): Women’s Educational Act. (1973, October). http://www.congress.gov/

# data[].attributes.body
Title VII of the Civil Rights Act of 1964 makes it unlawful to discriminate against someone on the basis of race, color, national origin, sex (including pregnancy, sexual orientation, and gender identity) or religion (1964).

https://www.dol.gov/agencies/oasam/civil-rights-center/statutes/civil-rights-act-of-1964#:~:text=241).,hiring%2C%20promoting%2C%20and%20firing.

Reference:

Civil Rights Act of 1964 § 7, 42 U.S.C. § 2000e et seq (1964).

# data[].attributes.body
President Barack Obama’s Education Department declared that sexual orienatation and gender identity were protecred under Title IX

These laws were not observed under President Trump

President Biden's administration have proposed these rights for LGBTQ be codified (Bellows, 2022)

https://www.chronicle.com/article/for-transgender-students-title-ix-changes-could-reopen-doors-closed-under-trump

Reference:

Bellows, K. (2022). For Transgender Students, Title IX Changes Could Reopen Doors Closed Under Trump. Retrieved 14 July 2022, from https://www.chronicle.com/article/for-transgender-students-title-ix-changes-could-reopen-doors-closed-under-trump

# data[].attributes.body
The ASCA’s position regarding school counselors and transgender youth state that it is a school counselors duty to safeguard their wellbeing. They should advocate that they be treated equally and fairly, with dignity and respect, and free from bullying or harassment. They go on to state that school counselors should collaborate with school personnel to address the district's operations, programs, and policies that may put these students at risks (ASCA, 2022).

https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Transgender-Gender-noncon

Reference:

The School Counselor and Gender Equity - American School Counselor Association (ASCA). (2022). Retrieved 15 July 2022, from https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Gender-Equity

# data[].attributes.body
The lack of knowledge regarding transgender individuals is a social justice issue school counselors must educate themselves on in order to serve this oppressed and vulnerable population to create change and equality.
I chose this topic because as a teacher, I had a personal experience with a transgender student two years ago. Living in a small, rural town, our district has not had any transgender students and do have the education, skills, or training needed to ensure they are provided a safe, accepting environment at school. I became this students advocate and have continued to educate myself regarding laws, policies, and ethical principles. It is now my goal to educate staff, students, and all stakeholders on this subject.

# data[].attributes.body
This standard states that certified school counselors promote academic success for all learners by acknowledging, respecting, and responding to diversity while building similarities that bond all students. The school counselor advocates for a  school environment in which diversity is acknowledged and respected, resulting in positive interactions across all cultures, genders, ethnicities, and learning styles (Texas Educators' Code of Ethics (19 TAC § 239.15)

Reference:

Texas Administrative Code. (n.d.). Retrieved July 15, 2022, from https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=25&pt=1&ch=296

# data[].attributes.attachment_link.title
Legal Highlight: The Civil Rights Act of 1964

# data[].attributes.attachment_link.description
In the 1960s, Americans who knew only the potential of “equal protection of the laws” expected the president, the Congress, and the courts to fulfill the promise of the 14th Amendment. In response, all three branches of the federal government--as well as the public at large--debated a fundamental co…

# data[].attributes.attachment_link.readable_text
Shane Windmeyer remembers the influx of calls to Campus Pride in 2016, when then-President Barack Obama's Education Department told colleges that sexual orientation and gender identity were protected under Title IX. Community college leaders wanted to know how they could support their transgender students, beyond the letter of the law, said Windmeyer, the organization's founder and executive director.

That's the kind of effort Windmeyer is hoping to see this year in response to the Biden administration's proposed Title IX regulations. If adopted, the rule would codify rights for LGBTQ students, which were not observed under the Trump administration's interpretation of Title IX.

Transgender-rights experts and Title IX coordinators say the new rules would be a positive step in making their campuses more inclusive. The rules would allow trans students to use facilities that correspond with their gender identity, prohibit bullying based on gender identity, and ensure students are referred to with the correct pronouns. Colleges found in violation of Title IX could be investigated and risk losing federal funding.

Notably, the proposed rules do not address the participation of transgender students in sports. The Biden administration has said that a separate notice of proposed rulemaking will address that issue, which has become a political football for state lawmakers.

Twenty conservative state attorneys general are already suing to keep the Department of Education from enforcing its previous Title IX guidance indicating that sexual orientation and gender identity are protected, saying their states are at risk of losing federal funding if they do not comply. In new court filings this week, the states noted that the department is relying on this interpretation to support the draft regulations.

Education Secretary Miguel Cardona laid out the stakes in a prepared statement when the proposed regulations were released last week.

"Together, we must seize this opportunity to better protect LGBTQ youth who face bullying and harassment, experience higher rates of anxiety, depression, suicide, too often grow up feeling that they don't belong," he said.

'Shoot For the Ceiling'

For transgender college students, the stakes are particularly high, as they are at increased risk for suicide and other mental-health issues, according to research.

The Williams Institute, a think tank based at the University of California at Los Angeles, published the results of a survey in April in which more than half of transgender students reported that their mental health was poor while they were attending higher-education institutions. More than a third reported that they experienced bullying, harassment, or assault as a student.

The Institute's report on the survey stresses the importance of the Department of Education amending Title IX regulations to include gender identity and sexual orientation.

It also calls on colleges to include gender identity and sexual orientation in their nondiscrimination policies; invest in LGBTQ student-resource centers; designate gender-neutral bathrooms; evaluate the availability of gender-inclusive housing; and communicate the processes for changing gender designations and names in college records.

On some campuses, those changes are already in the works. In 2020, when the Trump administration's Title IX regulations took effect, Elizabeth Trayner, director of equitable rights and responsibilities and Title IX coordinator at the University of the Pacific, in California, updated the university's policies to make clear to the campus community that people could not be discriminated against for their gender identity or sexual orientation. Many other campuses have similar policies.

Trayner said her institution's policies against sexual misconduct, discrimination, and retaliation are "far more expansive than what was required in the 2020 regulations."

Those regulations, crafted under former Education Secretary Betsy DeVos, "set a floor for us ... in that this is the bare minimum of what we have to do," Trayner said. "We shoot for the ceiling in offering protections that are greater than what we're legally mandated to give. The DeVos era said you don't have to worry about your trans students, your trans faculty or staff. But it doesn't say that we can't provide those protections."

For the University of the Pacific, Trayner said, the changes proposed by the Biden administration would only make technical differences, since they already have the nondiscrimination policy in place.

Robert Wood, a Title IX coordinator at Gwynedd Mercy College in Pennsylvania, echoed that sentiment, saying the Catholic institution has worked to foster an inclusive environment for its LGBTQ students, including raising a pride flag on campus last year.

"I don't think anybody is perfect," Wood said of creating an inclusive campus. "But there's not an attempt to not be perfect. There's not an attempt to ignore or not care about it or across the board, from our straight community to our LGBTQIA community - there is not an attempt to push something under the rug if something surfaces. And sometimes as you're moving through your process, you realize, hey, we can do a little bit better job with this part."

Trayner said that at some institutions, the regulations would be a much bigger deal and could create antitrans backlash.

On her campus, "it could still have some backlash. It could be that it's under the radar for some folks who may be antitrans on campus and just haven't noticed that this has happened."

'Peace of Mind'

Trayner said that currently, some transgender students feel isolated from their cisgender peers, who are concerned about saying the wrong thing.

"There's a lot of fear of the unknown, there's a lot of misunderstanding or not knowing how to act or stumbling around," Trayner said. "What should I be saying? What language should I be using? Am I going to use the wrong pronoun? So people around [transgender students] start to stumble and not know what to do. And so, in the absence of not knowing what to do, people do nothing."

Windmeyer, of Campus Pride, said changing laws and policies won't directly improve trans students' mental health. It's how the larger community responds to those changes that will determine whether those students feel supported.

Landon Richie, a rising junior at the University of Houston and a transgender man, said the proposed protections will give LGBTQ students more recourse to combat discrimination.

"I think it would give trans and gender-nonconforming students a lot of peace of mind to know that there are protections for them in the event of discrimination," he said. "At U of H, there are robust and inclusive protections for LGBTQ students on campus, but not all university campuses are like U of H. So having these federal protections will be really important for students who do come into contact with discrimination."

Richie said he's hoping the Department of Education will release regulations that require colleges and K-12 schools to allow transgender athletes to play on sports teams that correspond with their gender.

He mentioned that in Texas, a new law prohibits transgender youth from playing on the sports teams they align with. The law, which went into effect in January, requires that public-school students play on the sports teams that align with the sex on their birth certificate.

"Having [Title IX] guidelines being higher than what the state is saying would open back up those doors that have been closed and hopefully allow trans youth to feel that they are being respected at the highest level of government," Richie said.

# data[].attributes.attachment_link.title
For Transgender Students, Title IX Changes Could Reopen Doors Closed Under Trump

# data[].attributes.attachment_link.description
Shane Windmeyer remembers the influx of calls to Campus Pride in 2016, when then-President Barack Obama's Education Department told colleges that sexual orientation and gender identity were protected under Title IX. Community college leaders wanted to know how they could support their transgender students, beyond the letter of the law, said Windmeyer, the organization's founder and executive director.

# data[].attributes.attachment_link.readable_text
(Adopted 2016)

ASCA Position

School counselors recognize all students have the right to be treated equally and fairly with dignity and respect as unique individuals, free from discrimination, harassment and bullying based on their real or perceived gender identity and gender expression. School counselors work to safeguard the well-being of transgender and gender-nonconforming youth.

The Rationale

School counselors are committed to the academic, career and social/emotional development of all students. Transgender and gender-nonconforming students and their families face increased risks as well as unique circumstances that often require additional guidance and recommendations to help ensure these students receive the same educational opportunities as their peers (Greytak, Ksciw, & Diaz, 2009). According to Greytak et al. (2009), 26 percent of transgender students were physically assaulted, (e.g., punched, kicked or injured with a weapon) in school in the past year because of their gender expression. Greytak et al. (2009) noted that the adverse health and educational consequences for transgender and gender-nonconforming students are even greater than those for lesbian, gay and bisexual students. School counselors recognize the overall goal is to ensure the safety, comfort and healthy development of all students, maximizing inclusion and social integration while minimizing exclusion and stigmatization.

The School Counselor's Role

School counselors recognize that the responsibility for determining a student's gender identity rests with the student rather than outside confirmation from medical practitioners, mental health professionals or documentation of legal changes. School counselors collaborate with other school personnel to address district operations, programs, policies and activities that may put the well-being of transgender and gender-nonconforming youth at risk. Although the guidelines within this statement provide important suggestions, they cannot anticipate every situation that might occur.

Each student's unique situation should be addressed on a case-by-case basis, using a student-centered approach that includes ongoing student and parent/guardian engagement (as appropriate) and school personnel with a legitimate educational interest per the Family Education Rights and Privacy Act (FERPA). Title IX guidance and legal briefs issued by the Office of Civil Rights (OCR) have defined fair and equal treatment for transgender and gender-nonconforming students in relation to rights in areas such as student names and pronouns, student records, privacy, restrooms, student safety and dress codes (OCR, 2014). School counselors promote the use of best practices to inform their support of transgender and gender-nonconforming students such as the following recommendations offered by MSBE (2016):

Names and Pronouns. School staff should address students by their chosen name and pronouns that correspond to their gender identity, regardless of whether there has been a legal name change.

Student Records. When requested, schools should engage in reasonable and good-faith efforts to change current unofficial student records (e.g., class and team rosters, yearbooks, school newspapers and newsletters) with the chosen name and appropriate gender markers to promote consistency among teachers, substitute teachers, school administrators and other staff. School districts should comply if transgender students ask the district to amend their secondary educational records, including diplomas and transcripts after graduation, to ensure those requesting records (e.g., college admissions offices or potential employers) will only see the name and gender marker corresponding to the student's gender identity (Lambda Legal, 2014).

Privacy and Confidentiality Regarding Disclosures. Transgender and gender-nonconforming students have the right to decide when, with whom and to what extent to share private information. When contacting the parent/guardian of a transgender or gender-nonconforming student, school staff should use the student's legal name and the pronoun corresponding to the student's assigned sex at birth, unless the student or parent/guardian has specified otherwise.

Restrooms. Students should be allowed to use the restroom in accordance with their gender identity. Alternative and nonstigmatizing options, such as an all-gender or single-user restroom (e.g., staff bathroom or nurse's office), should be made available to students who request them but not presented as the only option. Any student who has a need or desire for increased privacy, regardless of underlying reasons, has the right to access a single-user restroom.

Locker Rooms or Changing Facilities. Students should not be required to use a locker room that is incongruent with their gender identity. Locker-room usage should be determined using the guiding principles of safety and honoring the student's gender identity and expression. Some options include: 1) an adjusted changing schedule, 2) use of a private area in the facility (e.g., nearby restroom stall with a door, an area separated by a curtain, a physical education instructor's office in the locker room) and 3) use of a nearby private area (e.g., restroom, nurse's office). Any student who has a need or desire for increased privacy, regardless of the underlying reasons, may request the options listed above.

Physical Education Classes and Intramural Sports. Students should be allowed to participate in physical education classes and intramural sports in accordance with their gender identity.

Interscholastic Sports. Students should be allowed to participate in interscholastic sports in accordance with their gender identity, subject to state and federal civil rights laws.

Dress Code. Students should have the right to express their gender at school, within the parameters of the school's dress code, without discrimination or harassment. The school's dress code should be gender-neutral and not restrict a student's clothing choices on the basis of gender. In the event the dress code has differing expectations or practices based on gender, students should be permitted to dress in accordance with their gender identity.

Gender-Based Activities or Practices. Districts should evaluate all gender-based programs and practices and maintain only those that have a clear and sound educational purpose. When students are separated by gender in school activities, students should be allowed to participate in accordance with their gender identity. When considering overnight accommodations, solutions should be sought that are inclusive, respectful and acceptable to the student and, to the extent possible, do not impose an additional expense or burden on the student.

Summary

School counselors promote affirmation, respect and equal opportunity for all individuals regardless of gender identity or gender expression. School counselors encourage a safe and affirming school environment and promote awareness of and education on issues related to transgender and gender-nonconforming students.

References

Greytak, E., A., Ksciw, J. G., & Diaz, E. M. (2009). Harsh realities: The experiences of transgender youth in our nation's schools. New York: GLSEN.

Lambda Legal. (2014). A transgender advocates guide to updating and amending school records: Frequently asked questions on FERPA. Retrieved from http://www.lambdalegal.org/sites/default/files/publications/downloads/factsheet_ferpa.pdf.

Michigan State Board of Education. (2016). State Board of Education statement and guidance on safe and supportive learning environments for lesbian, gay, bisexual, transgender, and questioning (LGBTQ) students. Retrieved from http://www. michigan.gov/documents/mde/Item_B_SBE_Statement_and_Guidance_on_LGBTQ_515608_7.pdf.

OCR's Questions and Answers on Title IX and Sexual Violence. (2014) at B-2. Retrieved from http://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf.

# data[].attributes.attachment_link.description
(Adopted 2016) School counselors recognize all students have the right to be treated equally and fairly with dignity and respect as unique individuals, free from discrimination, harassment and bullying based on their real or perceived gender identity and gender expression. School counselors work to safeguard the well-being of transgender and gender-nonconforming youth.