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Session 3: Reflection and Feedback Survey

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Session 3: Reflection and Feedback Survey

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Session 4: PROTECTING LGBTQ+ STUDENTS’ RIGHTS AT SCHOOL: A TOOLKIT

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Session 4: PROTECTING LGBTQ+ STUDENTS’ RIGHTS AT SCHOOL: A TOOLKIT

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Click here to download or print this toolkit in PDF form.
Welcome to the Protecting LGBTQ+ Students' Rights at School Toolkit! This toolkit is designed to help students, parents, guardians, and advocates seek full equality and dignity for LGBTQ+ students in Kansas schools. There are thousands of LGBTQ+ students across Kansas, living as their true and authentic selves and trying to learn and thrive at school. But we know that it's not easy being openly LGBTQ+ in Kansas schools, and it's especially difficult for students who are transgender and/or gender diverse.
Among LGBTQ+ students in Kansas:

73% report experiencing verbal harassment at school because of their sexual orientation.

60% report experiencing verbal harassment at school because of their gender expression.

Nearly two-thirds (63%) of transgender students report being unable to use the bathroom at school that aligns with their gender.

25% of LGBTQ+ students and 43% of transgender students have been prevented from using their chosen name and pronouns at school.

A quarter (25%) of LGBTQ+ students attending a Kansas K-12 school or college/university report that they do not feel safe and supported at their school.

The ACLU of Kansas has seen these harms occurring in school districts across the state. We have received an increasing number of complaints related to LGBTQ+ students in Kansas schools experiencing harassment, bullying, and discrimination because of their LGBTQ+ identity. There has also been an increase in school boards and administrators adopting harmful anti-trans and anti-LGBTQ+ policies, some of which infringe on the rights of LGBTQ+ students in Kansas.

In response to this increasingly concerning climate we are seeing unfold in schools across the state, we decided to create this toolkit to make Kansas schools safer and more affirming by giving you the tools you need to fight against LGBTQ+ discrimination. The toolkit has three sections:

Part 1 provides an explanation of what LGBTQ+ students' rights are in Kansas schools, with a particular focus on transgender and/or gender diverse students and discusses how these rights have been applied across Kansas.

Part 2 details how students, parents, guardians, and advocates can take action to protect LGBTQ+ students' rights in Kansas schools through both informal and formal means. This includes an outline of how to file complaints with school districts and the federal government.

Part 3 provides a resource list with organizations and support groups that you can reach out to if you need more resources or support. It also includes the ACLU of Kansas' contact information in case you have questions about this toolkit or want to get in touch regarding a specific instance of LGBTQ+ discrimination in Kansas schools.

We hope this toolkit is informative and empowering as you navigate advocating for yourself or other LGBTQ+ students in Kansas. We must all work together to ensure that LGBTQ+ students are safe, supported, and affirmed in Kansas schools, and hope you'll join us in advocacy and action for LGBTQ+ students in Kansas. If you are ready to get involved, you can sign up to become an ACLU of Kansas activist and join the fight for LGBTQ+ Kansans' civil rights here.
The content in this toolkit is intended to serve as general information and is not legal advice, nor is it intended as legal advice. You should contact an attorney directly if you are seeking legal advice or legal services, and you may do so by reaching out to some of the resources at the end of this toolkit or contacting the Kansas Bar Association's lawyer referral service at 800-928-3111. ↑ Return to Top
To ensure that LGBTQ+ students are treated with full equality and dignity in Kansas schools, it is important to know what LGBTQ+ students rights are in the first place. In this section, we discuss LGBTQ+ students legal rights across various issues areas-including bullying and harassment, names and pronouns, LGBTQ+ student organizations, dress codes and school events, access to gender-separated facilities like restrooms and locker rooms, sports and extracurricular activities, free speech, and privacy protections. The rights discussed below apply to all students, but this toolkit focuses primarily on the rights of transgender and gender diverse students-as the majority of the discrimination we have seen against LGBTQ+ students in Kansas has targeted this population specifically.

Of note, many of the rights detailed in this section come from the U.S. Constitution and federal law, so they are most applicable to public school districts and charter schools. Private schools may also be required to comply with federal law if they receive federal funding, and students at private schools may have some protections under Kansas law or their own school policies. But most of this toolkit focuses on and applies to students' rights in public and charter schools.

Finally, we want to affirm that LGBTQ+ students should be respected and protected in Kansas schools even if they do not have the full support of their parents or guardians. That said, some of the steps described in this toolkit are more difficult for a young person to take without the support of their parent(s) or guardian(s), because some legal rights can only be exercised when a young person turns 18 or is legally emancipated. But even if some legal rights cannot yet be exercised due to age, every LGBTQ+ young person still has rights and can seek help through some of the resources in the last section of this toolkit.

The U.S. Constitution and Title IX of the Education Amendments of 1972 both prohibit school districts from being deliberately indifferent to any bullying or harassment that is severe or pervasive. A school district is required to take action to stop bullying or harassment, especially if teachers or administrators are aware of what is happening. It is very important to document and report bullying and harassment, since that is typically what triggers the school district's legal obligation to respond.

Kansas law defines bullying as any intentional gesture, communication, physical act, or threat that is "sufficiently severe, persistent or pervasive" such that it creates an "intimidating, threatening or abusive educational environment" that a reasonable person knows or should know will have the effect of harming a student, damaging their property, or placing them in fear of such harm or damage. Kansas law includes cyberbullying within its definition of bullying, but does not allow for school districts to address student behavior that occurs off campus.

If you or someone you know are experiencing bullying or harassment and need help, you can visit StopBullying.gov and other resources in the last section of this toolkit.
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Every Kansas student has the right to be called by their gender-affirming name and pronouns. Schools have a legal obligation to respect every student's gender identity, even before students are able to legally update their names or gender markers. Misgendering occurs when someone uses language to describe a person that does not align with that person's gender; deadnaming is the act of using a trans person's old name from before they transitioned. Students have a right not to be misgendered or deadnamed at school under both federal law and certain school district policies. Consistent misgendering or deadnaming may constitute harassment in violation of Title IX, as explained below.

What does the law require?
Under Kansas law, when a child is enrolled in a school for the first time, schools must require presentation of "proof of identity." This proof of identity can be a certified copy of the child's birth certificate, a certified transcript or other similar student records for children between the grades of 2nd and 12th, or any other documentary evidence the school board deems satisfactory. While documentary proof of identity must be presented whenever a child is enrolled in a school for the first time, there is no Kansas or federal law obligating a school (including the school board, school administrators, teachers or other employees) to refer to a student by the name specified in the student's documentary proof of identity. Likewise, there is no Kansas or federal law obligating a school, school board, school administrators, or teachers to refer to a student by pronouns that correspond with the student's gender assigned at birth or the original gender marker listed in the student's birth certificate or other documentary proof of identity.

How have Kansas schools addressed this?
Some Kansas school boards have adopted policies protecting the right of all students to be addressed and referred to by a name, pronouns, and other terms that affirm their gender identity, regardless of whether that gender identity corresponds with the information included on the student's documentary proof of identity. Students' interests in privacy and safety are closely related to their rights to be referred to by names and pronouns consistent with gender identity. School administrators, teachers, and other employees who insist on using a student's "official" name or pronouns that do not correspond with the student's gender identity risk disclosure of matters of a highly sensitive and personal nature and potentially increase the risk that the student will suffer discrimination, harassment, and violence.

Why is it important to respect students' names and pronouns?
Respecting students' names and pronouns is necessary to protect transgender and gender diverse students from bullying and discrimination at school. When teachers or staff misgender or deadname a student, it opens the door for the student's peers to do the same and creates an environment where the student is more likely to get bullied or harassed. But when trans students' names and pronouns are respected at school and in other contexts, they report 71% fewer symptoms of severe depression, a 34% decrease in reported thoughts of suicide, and a 65% decrease in suicide attempts.
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Student-led and student-organized LGBTQ+ student clubs, like Gender and Sexuality Alliances ("GSAs"), are clubs that aim to create a safe, welcoming, and accepting school environment for all young people, regardless of sexual orientation or gender identity.

If you want to start an LGBTQ+ student club at your school, you can visit glsen.org for information and resources about starting and registering a GSA. This resource is also included in the last section of this toolkit.
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Dress Codes and School Events
While school districts may require students to follow certain dress and grooming codes, like requiring students to wear uniforms, they cannot discriminate on the basis of race, gender, religion, or other aspects of students' identities. Every student has the right to dress in accordance with their gender identity at school. School districts may not force students to conform to gender stereotypes, nor require students to dress in accordance with their gender assigned at birth.

The U.S. Supreme Court and federal courts across the country have repeatedly found that government entities-like school districts or charter schools-cannot treat students different based on gender without an exceedingly persuasive justification. And forcing students to conform to gender norms or stereotypes does not constitute an exceedingly persuasive justification and violates the U.S. Constitution and Title IX.

This applies in the context of school events, as well. LGBTQ+ students have a right to participate fully and equally in school events like dances, homecoming, and prom-and they have a right to be their true and authentic selves when participating in these events, including wearing clothes that affirm their gender. Since federal law prohibits schools from discriminating against students based on gender or forcing students to conform to gender stereotypes, schools cannot prohibit students from participating in "homecoming court" or becoming "prom royalty" based on a student's gender identity or sexual orientation. LGBTQ+ students also have a right to bring same-gender dates with them to these school events-as federal courts have found it is unconstitutional to prohibit students from bringing same-gender dates to school events like homecoming and prom.
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Access to Restrooms or Locker Rooms
Every student deserves a safe and affirming place to use the restroom and locker room at school, and many school districts across the country already allow trans and gender diverse students full and equal access to restrooms and locker rooms that align with their gender identity. And there are no federal or state laws that require school districts to force students to use facilities based off the student's gender assigned at birth.
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Sports and Extracurricular Activities
Every student has a right to participate in sports and extracurricular activities at school. There is no federal or state law that prohibits transgender students from participating in intermural or interscholastic athletics. In Kansas, schools are responsible for determining the appropriate gender team for a transgender student. The Kansas High School Athletic Association (KHSAA) has issued recommendations to schools regarding trans student athlete participation in sports and maintains criteria under which to review appeals of a school district's determination.

Specifically, KHSAA advises school districts to review the following forms of documentation when evaluating the appropriate gender team for a transgender student:

Gender identity used for school registration record;

Medical documentation (length and duration of hormonal treatments, gender affirmation surgery, psychological counseling, medical records, etc.);

Gender identity-related advantages to the student if participation would be approved.

Notably, the Kansas legislature has previously attempted to put restrictions in place for Kansas athletics similar to those challenged in Idaho. These previous attempts have all failed, and the current law in Kansas allows for transgender student athletes to participate in sports in accordance with their school's athletic policy under KHSAA.
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If you are an LGBTQ+ student who has been discriminated against or experienced challenges at school because of your sexual orientation, gender identity, or gender expression, we are here to help. This section describes what you can do to defend and enforce your rights if you are an LGBTQ+ student or a parent, guardian, or advocate for an LGBTQ+ student.
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If you or someone you know is being bullied or harassed at school, it is also important to record or write down as much of what happens as possible.

If someone has sent you threats of any kind, try to save or screenshot them-if you can do so safely. If you are able to report bullying or harassment, it may be helpful to do so as quickly as you can, since your school's legal obligation to protect you under state and federal law is strongest when the school is aware of what is happening.
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For this reason, it is a good idea to try and find allies at your school to help you solve these problems. When you are experiencing an issue at school, try to ask yourself who might be willing to listen to you and assist you. Is there someone-a teacher, a counselor, an assistant principal-you think might be understanding and helpful? If you cannot think of someone like this at your school, you can always report things to the school principal, as they have the ultimate responsibility to respond to incidents of discrimination, bullying, and harassment in most Kansas schools.

If you try to resolve things informally, it is still helpful to create a record to document what has happened. If you are attempting to make a report of what happened with the school and have identified an ally to ask for help, try to communicate with them in writing or over e-mail. When you're drafting your report of what happened, be sure to include enough details so that the school can understand what has happened. You should also ask specifically for what you want to happen in response. Finally, you should set a deadline and ask them to respond to you before your deadline expires for filing a formal complaint.
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Under Title IX, every school district is required to adopt and publish grievance procedures for students to file complaints of sex discrimination-which is interpreted to include sexual orientation and gender identity discrimination. School districts must also designate at least one employee as its Title IX Coordinator, and notify all students and employees of the name/tile and contact information of the Title IX Coordinator. Often, the Title IX Coordinator's contact information and the school districts' grievance procedures are available on the district's website, in the district Board of Education policies, or in the district's student handbooks. Be sure to review your school district's procedures carefully, as they often will include a deadline for when you must file your complaint.

While each district's grievance procedures may vary, they all must provide for prompt and equitable resolution of sex discrimination complaints. And whatever your district's procedures may be, they must include (1) the right to adequate, reliable, and impartial investigation of complaints, (2) the right to have an equal opportunity to present witnesses and other evidence, and (3) the right to the same appeal processes, for both parties. You also have a right to be notified of the time frame within which the school will conduct its investigation, when you will be notified of the outcome of the complaint, and when you are eligible to file an appeal.

Of note, some district's grievance procedures may include voluntary informal methods for resolving some types of sexual harassment complaints-like a mediation between parties. You may choose to utilize these informal methods for resolution, but know that you have a right to end the informal process at any time and begin the formal state of the complaint process.

When filing a complaint, it is important to include as much detail as possible. Be sure to describe all the facts that you have personal knowledge about, attach any relevant documents, photographs, or other evidence that you want to be considered as part of the complaint, and ask specifically for what you want the school to do to respond to your complaint. This could look like asking your school or district to stop engaging in discrimination, to take a particular action, to change or revise a policy, to accommodate your needs better at school, or to take affirmative steps to create a safer learning environment. There are no limits on the type of relief that you can seek.
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Step 5: File a complaint with the federal government.
It is important to know about and utilize Step 3 and Step 4, but there are also federal civil rights agencies whose job it is to ensure equal access and opportunities for students in schools, and you do not have to file a complaint with your school before seeking help from the federal government to enforce your civil rights. Both the U.S. Department of Education and the U.S. Department of Justice have stated that they will vigorously enforce Title IX to protect LGBTQ+ students from discrimination based on their gender identity and/or sexual orientation in accordance with the U.S. Supreme Court's decision in Bostock v. Clayton County.

The U.S. Department of Education has an Office of Civil Rights (OCR) that is specifically tasked with enforcing federal civil rights laws that prohibit discrimination in programs and activities that receive federal financial assistance. OCR accepts complaints of discrimination across a range of areas-including complaints involving discrimination based on race, color, disability, and national origin, as well as complaints involving discrimination based on sex, gender identity, gender expression, and sexual orientation (including claims involving bullying, harassment, and retaliation).

Before filing a complaint with OCR, you should review OCR's guide on how to file complaints of discrimination. Of note, most OCR complaints must be filed within 180 days of the last act of discrimination. For example, if your complaint is based on a single incident of discrimination, it must be filed within six months of when that incident occurred. As mentioned, you are not required to file a complaint with your school district before you file a complaint with OCR-but if you choose to utilize your district's complaint process, you must then file an OCR complaint within 60 days of the conclusion of the district's complaint process.

If you choose to file a complaint with OCR, there are several ways to do so-online, via e-mail, or via physical mail. OCR can open an investigation into your complaint, and they can take steps to protect you from retaliation during the complaint process. Depending on the results of an investigation, OCR might be able to negotiate with your school district to require them to abide by federal law and potentially impose certain penalties against school districts-including the loss of federal funding.

While OCR has the power to investigate and engage in attempts at resolution of filed complaints, it does not act very quickly. Some complaints can take months or even years to resolve. If you need more immediate assistance, you may want to reach out to an attorney or seek other resources that are described in the last section.

In addition to OCR, the Educational Opportunities Section of the Department of Justice's Civil Rights Division (EOS) also accepts and investigates complaints related to discrimination in schools. But unlike OCR, EOS does not respond to every complaint it receives and is generally more selective in the issues that it investigates. That said, EOS has expressed a willingness to assist LGBTQ+ students who face discrimination in schools, and there is information on how to file a complaint on EOS's website.
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While it is true that engaging media and the internet can be an effective way to share your story, advocate for change, and pressure your school district to meet your demands, there are also certain risks and tradeoffs to consider. Sharing your story publicly could lead to cyberbullying, harassment, and threats online. Your safety and the safety of the LGBTQ+ students you are advocating for should be kept in mind when deciding whether and how to share your story. Whatever you post online will exist forever, often even if you later try to delete or remove it. It is important to make sure that you are comfortable with what you are sharing and stick closely to the facts of what happened. You have free speech rights to criticize your school and push for change how you see fit-but you should also be careful not to say anything untrue about any individual person, the school or school officials, and never make any kind of threat. It is often best to focus on what happened to you and what needs to change.
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Step 7: When you should contact an attorney or other resources.
Hopefully, with the information provided in this toolkit, you now feel like you have a lot of tools at your disposal to advocate for the equality and dignity of LGBTQ+ students in Kansas schools. Many students, parents, guardians, and advocates will find that they are well-equipped to pursue the complaint process and resolve situations on their own. But the ACLU of Kansas and other groups are here to help. We want to support you. Please don't hesitate to reach out to us or other resources at the links below as soon as you have questions or need assistance.

If you have already tried to resolve a situation informally but have experienced roadblocks or have been unable to garner support or assistance from school officials in your district, it may be a good time to reach out to us. Even if you end up pursuing the complaint process on your own or decide not to file a complaint at all, it may still be useful to touch base and let us know what you are experiencing. The best way to get in touch with us is by contacting us at the links below in Part 3.
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The ACLU of Kansas has an LGBTQ+ Advocacy Resource Hub available on our website where you can find additional resources and information. You can also contact us at [email protected] , or seek legal assistance here or by emailing [email protected] .

You can also visit GLSEN's website for information and resources related to GSAs, model school policies, and more. Kansas also has its own GLSEN chapter for the state, which you can contact at [email protected] .

If you are looking for resources to access a gender marker or name change in Kansas, you can check out Kansas Legal Services' Kansas Name Change Project for information about minors' name and gender marker changes and for assistance with the name or gender marker change process.

There are also various national organizations that have resources for LGBTQ+ students and accept requests for legal assistance. These include:

Lambda Legal: You can visit their website for more information, and seek legal assistance here.

National Center for Lesbian Rights: You can visit their website for more information, and seek legal assistance here.

Transgender Law Center: You can visit their website for more information, and seek legal assistance here.

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https://www.glsen.org/sites/default/files/2021-01/Kansas-Snapshot-2019.pdf

Id.

Id.

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https://www.aclukansas.org/en/lgbtq-community-advocate-survey-overview

See, e.g., Doe v. Hutchinson, 728 Fed. Appx. 829, 832 (10th Cir. 2018); Seamons v. Snow, 84 F.3d 1226, 1232 (10th Cir. 1996).

Kan. Stat. Ann. § 72-6147(a)(1)

Id.

Id.

See e.g., Bostock v. Clayton County, Georgia, 140 S. Ct. 1731, 207 L. Ed. 2d 218 (2020) (holding that Title VII's prohibition on discrimination on the basis of sex also prohibits discrimination on the basis of sexual orientation and gender identity.) Because the language in Title VII's sex discrimination protections is the same as the language in Title IX's protections, it is likely that the holding of Bostock extends to the interpretation of Title IX in school contexts. In fact, the U.S. Department of Education proposed new Title IX regulations in June 2022 which would clarify that discrimination on the basis of sex includes discrimination on the basis of "sex stereotypes, sex characteristics, . . .sexual orientation, and gender identity." This proposed regulation will likely not be formally adopted until Spring 2023, but this toolkit will be updated to reflect the change when the regulation is finalized.

Kan. Stat. Ann. § 72-9934(b)

Kan. Stat. Ann. § 72-9934(a)(3)

See, e.g., Doe v. City of New York, 976 N.Y.S.2d 360 (N.Y. Sup. Ct. 2013) (holding transgender woman had sufficiently alleged discrimination under state sex discrimination law when the state HIV/AIDS Service Administration continued to address her by her former male name and male pronouns); Burns v. Johnson, 829 F.3d 1 (1st Cir. 2016) (plaintiff's allegations, including employer's purposeful and condescending use of the pronoun "she" to a male transgender employee, supported a reasonable inference of discrimination on the basis of sex).

Confronting Anti-LGBTQI+ Harassment in Schools: A Resource for Students and Families, U.S. Department of Education and U.S. Department of Justice (June 2021), https://www2.ed.gov/about/offices/list/ocr/docs/ocr-factsheet-tix-202106...

Examples of these types of policies are readily available. See, e.g., https://themercury.com/news/local/full-text-of-usd-383sguidelines-for-tr... (U.S.D. 383 Manhattan-Ogden policy); https://www.glsen.org/activity/model-local-education-agency-policy-on-tr... (GLSEN model policy).

Some Kansas school boards and district administrators have referenced Ricard v. USD 475 Geary Cty., KS School Board, No. 5:22-cv-04015-HLT-GEB, 2022 WL 1471372 (D. Kan., May 9, 2022) as support for their decision to not affirm a trans students' name or pronouns, to not protect trans students' privacy rights, or to adopt policies that bar the ability of staff to affirm trans students or that force trans students to be outed. But Ricard does not require any of those things. The case dealt with a Christian public school teacher who felt that her school's policy of (1) referring to students by their preferred name and pronouns and (2) not disclosing to parents when a student requests a new name or pronoun, unless the student approves of the disclosure were violations of her free speech, free exercise of religion, and due process rights. She requested the court grant preliminary injunctive relief so that she would not have to comply with these policies. But the court denied her injunctive relief related to the preferred name and pronoun policy-meaning it did not find that a policy affirming trans students' preferred names and pronouns violated any law. The court granted her injunctive relief related to the school's parental disclosure policy, but only on free exercise grounds-which means the court found the parental disclosure policy, as applied to this specific teacher's religious beliefs, was likely to violate her free exercise rights so the district could not require her to abide by it. But the court did not say the policy itself was illegal. Nothing in the Geary opinion says the schools cannot adopt policies that affirm trans students or protect their privacy.

See Foster v. Anderson, No. 18-2552, 2019 WL 329548, at *2 (D. Kan., Jan. 25, 2019), and cases cited therein.

Stephen T. Russell, et al., Chosen Name Use Is Linked to Reduced Depressive Symptoms, Suicidal Ideation, and Suicidal Behavior Among Transgender Youth, J. ADOLESCENT HEALTH (October 2018), https://pubmed.ncbi.nlm.nih.gov/29609917.

See 20 U.S.C. § 4071(a); Key Policy Letters from the Education Secretary and Deputy Secretary, U.S. Dept. of Ed. (June 14, 2011) https://www2.ed.gov/policy/elsec/guid/secletter/110607.html.

National Climate Survey, GLSEN (2019) at 99, https://www.glsen.org/sites/default/files/2021-04/NSCS19-FullReport-0324...

See, e.g., Sturgis v. Copiah County School District, No. 3:10-CV-455-DPJ-FKB, 2011 WL 4351355, at *1 (S.D. Miss. Sept. 15, 2011) (finding it unconstitutional for a school district to force a student to follow the school dress code based on gender assigned at birth).

See, e.g., J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127, 135 (1994); United States v. Virginia, 518 U.S. 515, 533 (1996); Sessions v. Morales-Santana, 137 S. Ct. 1678, 1686 (2017).

See, e.g., McMillen v. Itawamba County School Dist., 702 F. Supp. 2d 699, 704-705 (N.D. Miss. 2010).

See, e.g., Grimm v. Gloucester Cty. Sch. Bd., 972 F.3d 586, 613 (4th Cir. 2020), as amended (Aug. 28, 2020), cert. denied, No. 20-1163, 2021 WL 2637992 (U.S. June 28, 2021), Whitaker By Whitaker v. Kenosha Unified Sch. Dist. No. 1 Bd. of Educ., 858 F.3d 1034 (7th Cir. 2017); Dodds v. United States Dep't of Educ., 845 F.3d 217 (6th Cir. 2016); M.A.B. v. Bd. of Educ. of Talbot Cty., 286 F. Supp. 3d 704, 708 (D. Md. 2018); J.A.W. v. Evansville Vanderburgh Sch. Corp., 323 F. Supp. 3d 1030 (S.D. Ind. 2018); A.H. by Handling v. Minersville Area Sch. Dist., 290 F. Supp. 3d 321 (M.D. Pa. 2017). But see Adams v. School Bd. of St. Johns County, No. 18-13952, 2022 WL 18003879 (11th Cir. Dec. 30, 2022) (holding that a school board's policy requiring students to use facilities corresponding with their gender assigned at birth did not constitute unlawful sex discrimination under the Equal Protection Clause or Title IX).

See, e.g., Doe v. Boyertown Area Sch. Dist., 897 F.3d 518 (3d Cir. 2018) (holding board policy honoring rights of transgender students to use restrooms corresponding with their gender identity did not violate Title IX); Parents for Privacy v. Dallas Sch. Dist. No. 2, 326 F. Supp. 3d 1075 (D. Or. 2018) (holding board policy honoring rights of transgender students to use restrooms corresponding with their gender identity did not violate Title IX, Due Process Clause of 14th Amendment to U.S. Constitution, or Oregon law).

Brief of Amici Curiae School Administrators from Thirty-One States and the District of Columbia at 7, Gloucester Cnty. Sch. Bd. v. G.G., 136 S. Ct. 2442 (2017) (No. 16-273), http://www.scotusblog.com/wp-content/uploads/2017/03/16-273_bsac_school_... (describing numerous examples in which transgender students have been able to use multi-user bathrooms without problems).

Myeshia Price Feeney, Amy E. Green, & Samuel H. Dorison, Impact of Bathroom Discrimination on Mental Health Among Transgender and Nonbinary Youth, J. ADOLESCENT HEALTH (June 2021), https://doi.org/10.1016/j.jadohealth.2020.11.001.

"KHSAA Policy for Transgender Student Participation." Kansas Student High School Athletics Association, https://www.kshsaa.org/public/pdf/transgenderpolicyrecommendations.pdf.

Id.

Hecox v. Little, No. 1:20-cv-00184 (D. Idaho, Aug. 17, 2020) (law that categorically excludes transgender women and girls from participating in sports competitions against cisgender women and girls likely violates the Equal Protection clause of the Fourteenth Amendment).

Id.

See Senate Bill 208 (2021), http://www.kslegislature.org/li/b2021_22/measures/documents/sb208_00_000...

For more detailed information about your rights when filing a sex discrimination complaint with your school or district under Title IX, you can review the U.S. Department of Education's Office of Civil Rights' Know Your Rights guide, available at https://www2.ed.gov/about/offices/list/ocr/docs/title-ix-rights-201104.h....

Federal Register Notice of Interpretation: Enforcement of Title IX of the Education Amendments of 1972 with Respect to Discrimination Based on Sexual Orientation and Gender Identity in Light of Bostock v. Clayton County, U.S. Dept. of Education (June 2021), https://www2.ed.gov/about/offices/list/ocr/docs/202106-titleix-noi.pdf; A Back-to-School Message for America's Transgender Students, U.S. Dept. of Education (Aug. 2021), https://www2.ed.gov/about/offices/list/ocr/blog/20210827.html.

How to File a Discrimination Complaint with the Office for Civil Rights, U.S. Dept. of Education, https://www2.ed.gov/about/offices/list/ocr/docs/howto.html.

Civil Rights Division Educational Opportunities Section, U.S. Dept. of Justice, https://www.justice.gov/crt/educational-opportunities-section.

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Protecting LGBTQ+ Students' Rights at School: A Toolkit

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This toolkit is designed to help students, parents, guardians, and advocates seek full equality and dignity for LGBTQ+ students in Kansas schools.

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Session 4: HB2238 - “Fairness in Women’s Sports Act” 

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Session 4: HB2238 - “Fairness in Women’s Sports Act” 

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https://kslegislature.org/li/b2023_24/measures/HB2238/

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Session 4: Kansas State High School Policy of Sports Activities- teams are strictly male or female, however there is a process for Trans students 

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Session 4: Kansas State High School Policy of Sports Activities- teams are strictly male or female, however there is a process for Trans students 

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https://www.kshsaa.org/public/pdf/transgenderpolicyrecommendations.pdf

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Session 1: Reflection and Feedback Survey

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Session 1: Reflection and Feedback Survey

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Session 4: Piper HS - Sexual Preference & Gender Identity included

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Session 4: Piper HS - Sexual Preference & Gender Identity included

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https://resources.finalsite.net/images/v1676038787/piperschoolscom/pseqyek7xtt3ldbkiqta/2022-23-FormattedforAgendaBooks-PHSStudentHandbook.pdf

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Session 4: KCKPSD- Trans Nondiscrimination Document  (This was not approved)

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Session 4: KCKPSD- Trans Nondiscrimination Document  (This was not approved)

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The WLC celebrates the 2SLGBTQIA + members of our community during Pride month.
Shown above: the Two-Spirit Flag
No matter how our members identify, or what their sexual orientation is, it's critical all our members feel included and safe within our community. We recognize the correlation between good holistic health and the freedom to be who you truly are. It is a month to celebrate our friends and relatives who identify as 2SLGBTQIA+

Indeed, there is much evidence to suggest that strict gender roles and heteronormativity are concepts imposed upon us through colonization. Many Indigenous cultures have terms to describe Two-Spirit in their languages, with Two-Spirit often described as a gender in itself. While some interpret Two-Spirit to mean having both masculine and feminine qualities, others define Two-Spirit as having one foot in this world and the other in the spirit world. Two-Spirit can come with important roles and responsibilities and Two-Spirit elders help nurture Two-Spirit children in their sacred roles. Indigenous folks came together to find a way to recognize and uplift Indigenous queer relatives, and the term Two-Spirit has been used ever since.

Joshua Whitehead, an Indigiqueer poet, describes a new term, Indigiqueer,

"I go by both two-spirit and Indigiqueer. One to pay homage to where I come from, from Winnipeg, being kind of the birthplace of two-spirit in 1990. But I also think of Indigiqueer as the forward moving momentum for two-spiritness."

While most Coast Salish languages do not have a word for Two-Spirit , perhaps this is more evidence of the loss of that word than anything else.

ŚW̱,XELOSELWET (she/her/hers) Tiffany Joseph shares:
"As a queer person, I don't see strong enforcement of the gender binary, gender roles, or heteronormativity in how I was raised in my communities and culture. "

Growing up playing on co-ed sports teams, Joseph remembers that working hard and being talented would gain you respect, admiration and acknowledgement, regardless of your gender. She laughs: "How am I supposed to see myself differently - we all wore the same clothes - a t-shirt and soccer shorts! I've always felt accepted. The stories I heard from my parents and hear from my elders today is that whoever was the most capable to do a job in the moment you needed a job done is the person who did it."

While ŚW̱,XELOSELWET is happy to discuss Pride month with us, she's also careful to share that Pride has become extremely commercialized, and it can be exclusionary of BIPOC representation. Parades are usually sponsored by corporations invested in extractive industries responsible for causing great harm to Indigenous lands in order to make themselves look progressive. Inidigiqueer and other marginalized queer community members often request an absence of a police presence at Pride parades due to the disproportionate violence they face directly from police officers. It's important for allies of Indigiqueer community members to understand how disproportionately our trans and non-binary relatives experience police harassment and violence. The absence of a police presence at pride means BIPOC, trans, and non-binary relatives can feel safe and included in Pride gatherings.

She reminds us that for Indigenous youth coming out or being openly queer or non-binary can be associated with increased risk of discrimination and danger. When contemplating one's sexual orientation or gender, they will also have to weigh whether they will face discrimination from their family or discrimination from a predominantly white Queer community. Settler racism and cultural appropriation of the Queer BIPOC community is exemplified perfectly by Madonna's Vogue album . Vogueing originated from Drag Ballrooms in America, which were predominantly BIPOC spaces. The Drag Ballroom community kept Queer BIPOC folks safe from the discriminations they faced and allowed for freedom of expression. Madonna increased her wealth and fame, but BIPOC queer and trans community are still facing societal inequities that need to be addressed by all communities. Tiffany explains:
"What we consume; music, fashion, dancing. Even the words we use to wittily criticize someone, we get all of that from Black women* and Indigenous women* from Drag balls to beading circles."
Some people will choose their culture over sharing and expressing their true gender and sexual orientation. ŚW̱,XELOSELWET wants any Indigenous youth questioning their sexual orientation to know, "When I connect with our cultural leaders in community and they know that I'm Indigiqueer, they make sure I know that I'm accepted as I am. We have a very accepting culture and society, and that comes from our teachings. They know how people sometimes get kicked out of their home, or mistreated because of homophobia, but they want me to know they accept me. It's important to let people "come out" at their own pace. But, I want you to know you'll be able to find acceptance. There's also queer allies who will respect your culture and value your safety. I've been happy to see the ways, big and small, that our community is showing acceptance of Two-Spirit and Indigiqueer community members. I want to have our own Pride parade, right down West Saanich Road. Where we can be sure the people in our community can stay safe and be celebrated as their true selves."

*Note: the term "women" includes trans women.
Definitions to help folks understand potentially new terminology
2SLGBTQIA+ = Two-Spirit, Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual, + (the plus includes more identities)

BIPOC = Black, Indigenous, People of Colour

Queer = identities that do not conform to gender norms or heterosexuality

Heteronormativity = a world view that promotes heterosexuality as the normal or preferred sexual orientation

Gender variant = gender that doesn't fall within masculine and feminine gender norms, examples include non-binary, transgender, and more

Indigiqueer = An Indigenous person who may be of queer sexual orientation, or who identify within a gender gradient, may also identify as Two-Spirit

Intersex = is a person is born with a combination of male and female biological traits

Asexual = a person who experiences little or no sexual attraction to anyone, asexuality is also a spectrum, and that spectrum includes demisexuality, which is when someone must feel an emotional bond with someone before they can feel sexually attracted to a person.

Pronouns = pronouns include "she/her/hers" and "he/him/his" and "they/them" and more, combinations of pronouns such as "she/they" or "he/they"

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The WLC celebrates the 2SLGBTQIA + members of our community during Pride month

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The WLC celebrates the 2SLGBTQIA + members of our community during Pride month. Shown above: the Two-Spirit Flag No matter how our members identify, or what their sexual orientation is, it's critical all our members feel included and safe within our community.

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- LGBTQ+ Rolla - Affirming, supportive, visible community

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Gender and sexual minorities may call our broader community "queer" or some variant of "LGBT" or "LGBTQ+". The letters in LGBTQ stand for common identities in the community: Lesbian (L), Gay (G), Bisexual (B), Transgender (T), and Queer or Questioning (Q). Occasionally the acronym is expanded to recognize Intersex (I) and other individuals. A plus sign (+) may be included to represent all other identities not specified.

In the expanded acronym, LBGTQIA+, the (A) stands for Asexual, Aromantic or Agender. "Ally" is not a part of this alphabet- but allies have a vital place alongside us as we work toward equality and social change.

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A Good Ally:
∙ Offers tangible support to LGBTQ individuals

∙ Understands the adversity that LGBTQ people face

∙ Makes room for us to exist

∙ Stands against homophobia and transphobia

∙ Uplifts the most marginalized of our community (often trans people or people of color)

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This page aims to help people be effective allies to LGBTQ people. "Ally" is not an identity, but rather an approach to life. Allies show up every day- not just at Pride! There are four main focuses when you work as an ALLY: Action, Listening, Learning and Yielding. Each letter in the acronym is explained below.

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Yielding

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More often then not, the number one thing an ally can do is take a step back. Society has conditioned us to approach life with a display of confidence, and this often leads to doing something incorrectly. As an example, if you play a game that you don't remember all the rules but think you do, you probably will end up playing the game incorrectly, which would upset your fellow game members.

Another aspect of yielding is realizing how life is different for other people. A straight person usually doesn't have to think about the sexual orientation of their crushes or potential partners. This means that the idea is nonexistent in their mind. Aspects of queer life are invisible to those who are not queer. Unless you are open to learning, it will remain invisible.

Yielding serves as a foundation for allyship. One can not listen to others if they do not give them time, space, and attention.

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Listening

If you want to support someone, it always helps to listen to them! Sometimes you have a bad day, and when you get home, you start telling a close friend about it, and they try to give you a solution. At that time, all you want is them to really listen to you, not say anything! Not just listen, but really give you their full attention.

Listening is the next foundational set, one cannot learn without first listening to people.

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Learning

Self education is key to being an ally! Queer people don't own anyone an explaination of who they are!

Having people who already have some understanding of queer identities and issues makes it easier to talk to that person.

Read definitions, and ask questions! Our coming out page also has a section on how to respond when someone comes out to you.

Learn about the history of they/them pronouns. This book is really good at helping people understand why language is so important! The New York Times has this article on neopronouns. As a brief summary, neopronouns are any gender neutral pronoun that are not they/them. Noun-Self pronouns are made by adapting any noun of one's choosing into a pronoun. Individuals will use noun-self pronouns because they are personal pronouns that are descriptive of themselves. This website is a database of different pronouns, for each pronoun there are examples of how to use them in subject, object, and possessive form.

Here are some resources for learning more:

Learning is the next step in being an ally. Action requires having first learned and listened.

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Action

One of the keys to being an ally is to take action. Here are some Actions you can take: Introduce yourself with your pronouns, use pronouns in your name on Zoom, email signature, etc. Practice using they/them pronouns for people you don't know.

Support bills that will give rights to queer people, protest bills that would take away rights from queer people or otherwise be harmful towards them, see our legal section for more info. (i.e. current bill that would block minors from being able to take hormone blockers)

Here is a guide that can help you prepare for conversations defending queer/trans individuals,, , while geared toward educators, it is a good resource for any ally.

Speak up when someone saying something mean or discriminatory towards queer people. Correct people when they use the wrong name or pronouns for someone!

Correct yourself when you make a mistake. If you feel comfortable, correct others and remind them to use gender neutral language as well.

Join events, and get to know people in the community!

Practice using inclusive language: (taken from SDI SafeSpace Workbook)

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LGBTQ+ INCLUSIVE LANGUAGE DOS AND DON'TS

AVOID SAYING: Hermaphrodite

SAY INSTEAD: Intersex

WHY? Hermaphrodite is a stigmatizing, inaccurate word with a negative medical history.

EXAMPLE: "What are the best practices for the care of intersex infants?"

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AVOID SAYING: Homosexual

SAY INSTEAD: Gay

WHY? "Homosexual" often connotes a medical diagnosis, or a discomfort with gay/lesbian people.

EXAMPLE: "We want to do a better job of being inclusive of our gay employees."

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AVOID SAYING: "Born female" or "born male"/ "female-bodied" or "male-bodied"

SAY INSTEAD: A gay/transgender person

WHY? Gay and transgender are adjectives that describe a person/group

EXAMPLE: "We had a transgender athlete in our league this year."

AVOID SAYING: "Transgender people and normal people"

SAY INSTEAD: Transgender people and cisgender people

WHY? Saying "normal" implies "abnormal," which is a stigmatizing way to refer to a person.

EXAMPLE: "This group is open to both transgender and cisgender people."

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AVOID SAYING: "Both genders" or "opposite sexes"

SAY INSTEAD: All genders

WHY? "Both" implies there are only two; "Opposite" reinforces antagonism amongst genders

EXAMPLE: "Video games aren't just a boy thing - kids of all genders play them."

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AVOID SAYING: Ladies and gentlemen

SAY INSTEAD: "Everyone," "Folks," "Honored guests," etc

WHY? Moving away from binary language is more inclusive of people of all genders

EXAMPLE: "Good morning everyone, next stop Picadilly Station."

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AVOID SAYING: "Mailman," fireman," "policeman," etc

SAY INSTEAD: "Mail clerk," "firefighter," "police officer," etc

WHY? People of all genders do these jobs

EXAMPLE: "I actually saw a firefighter rescue a cat from a tree."

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AVOID SAYING: "It" when referring to someone (e.g., when pronouns are unknown)

SAY INSTEAD: They

WHY? "It" is for referring to things, not people.

EXAMPLE: "You know, I am not sure how they identify."

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Gender and sexual minorities may call our broader community "queer" or some variant of "LGBT" or "LGBTQ+". The letters in LGBTQ stand for common identities in the community: Lesbian (L), Gay (G), Bisexual (B), Transgender (T), and Queer or Questioning (Q). Occasionally the acronym is expanded to recognize Intersex (I) and other individuals.

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Dear Colleagues,

"There is no such thing as a single-issue struggle because we do not live single-issue lives." These words, spoken by Audre Lorde, a noted prose writer, poet and civil rights activist, capture the essence of what is known as intersectionality.

The term intersectionality highlights how race, gender, class and other factors are interconnected, as represented in the graphic above. Intersectionality is the idea that individuals experience oppression differently based on where they stand across social markers. Intersectionality emphasizes how discrimination and exclusion are not simple. It cannot be solved by focusing on a single issue. It considers that people's overlapping identities and experiences differ within different social contexts and are crucial in understanding the inequalities other groups face.

Kimberlé Crenshaw, a law professor, social theorist and American advocate, first coined the term intersectionality in her 1989 paper, "Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory, and Antiracist Politics." Black feminists began to speak out about the white, middle-class nature of the mainstream feminist movement because they had difficulty identifying with the issues of the white mainstream feminist movement. Black women, who often had to work to keep their families afloat and did not have the luxury of being homemakers, did not feel the issues expressed by white feminists pertained to their experiences. Facing racism in the feminist movement on top of sexism encouraged Black women to call for a feminist practice that centralized their lived experiences.

"Imagine how different your life might be if you had been born black, or white, or poor, or a different race/class/gender group than the one with which you are most familiar. The institutional treatment you would have received, and the symbolic meanings attached to your very existence, might differ dramatically from what you now consider to be natural, normal and part of everyday life. You might be the same, but your personal biography might have been quite different," said Patricia Hill Collins, author of the book, "Black Feminist Thought: Knowledge, Consciousness and the Politics of Empowerment."

This quote from Collins encourages us to think about how our life would be if we were born into different circumstances. People are disadvantaged by multiple sources: Race, class, gender identity, sexual orientation, religion and other identity markers. Intersectionality recognizes that identity markers do not exist independently of each other. It would be impossible for a Black woman to dissociate her being female from her being Black and isolate the dimensions causing her discrimination. Understanding intersectionality is essential to throw away the interwoven prejudices people face. Intersectionality is crucial to equity. Without an intersectional lens, addressing injustice towards one group may perpetuate inequity towards other groups.

Often, it is easier to believe and to explain to others that "all women feel" a certain way or that "LGBTQIA+ people believe" some familiar understanding, but this does not reflect reality. All unique experiences of identity are valid. People experience the world differently based on their overlapping identity markers. Often, we feel it is rude to formally recognize others' differences. We see this in how people are uncomfortable asking for someone's preferred pronouns.

Once we recognize our differences, we can move away from seeking to define people by a singular identity. Becoming comfortable recognizing differences also involves knowing when that difference is not represented in the spaces we occupy. Diversity matters everywhere. One may feel that their workplace or community is racially and ethnically diverse, but is it accessible to people with disabilities? Are we aware of the welcoming or distancing practices of the spaces we frequently visit?

An intersectional approach is to do self-reflection on our identities. That reflection is key to understanding how we interact with others and how our assumptions might influence or shape those interactions. When doing so, we can start questioning our assumptions about different social groups and subsequently recognize ingrained biases and microaggressions. By reflecting on our own identities, their intersections and practicing being mindful, we can become better allies for marginalized groups or better able to articulate our own experiences.

Learning about intersectionality and how it affects all of us, both in our work and personal lives, allows us to respectfully communicate with peers, and deepens our understanding of the ways in which diversity, equity, and inclusion are relevant to all of us.

Remember, no one can have a single identity. Everyone has multiple intersecting identities. I hope you find this blog as eye-opening as I did when I researched this subject matter. We are all in this together, learning together in our DEI journey.

Thank you for reading. Please do not forget to always smile and say hi!

Alexies Samonte, M.D., MBA, FAAP (She/Her)
Vice President
Sponsoring Institution Diversity, Equity and Inclusion
( Sandy Athenaise Durosier, MS, BA, a member of A.T. Still University School of Osteopathic Medicine's Class of 2025, contributed to this article)

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Understanding the essence of intersectionality - The Wright Center

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Dear Colleagues, "There is no such thing as a single-issue struggle because we do not live single-issue lives." These words, spoken by Audre Lorde, a noted prose writer, poet and civil rights activist, capture the essence of what is known as intersectionality. The term intersectionality highlights how race, gender, class and other factors are interconnected, [...]

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West Central Minnesota Communities Action, Inc.

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WCMCA Is Committed To Diversity, Equity And Inclusion - West Central Minnesota Communities Action, Inc.

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Session 2: Reflection and Feedback Survey

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Session 2: Reflection and Feedback Survey

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Thank you for taking a moment to share your feedback with us. Our commitment is to ensure that we collectively achieve the two goals set forth by our scholars (via the grant proposal to "It Gets Better") as we embark on this learning journey: "Our ultimate goal is to make Piper High School a comfortable and safe place for all students."

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GLSEN believes that every student has the right to a safe, supportive, and LGBTQ-inclusive K-12 education. We are a national network of educators, students, and local GLSEN Chapters working to make this right a reality.

Their research and experience has shown that there are four major ways that schools can cultivate a safe and supportive environment for all of their students, regardless of sexual orientation, gender identity or expression.

Develop Supportive Educators

Comprehensive Policies

Inclusive Curriculum

Support Student GSAs

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In this statement, GLSEN's National Student Council condemns police brutality and calls for greater support for Black lives

Read the Statement

Get involved and join your community, local, or state GLSEN chapter

GLSEN Chapters create LGBTQ-inclusive schools. Community-led chapters offer teacher trainings, student support, community outreach, and more.

Recent Research

Research, Reports, and Briefs

Research, Reports, and Briefs

Research, Reports, and Briefs

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In this statement, GLSEN's National Student Council condemns police brutality and calls for greater support for Black lives Read the Statement GLSEN Chapters create LGBTQ-inclusive schools. Community-led chapters offer teacher trainings, student support, community outreach, and more. Research, Reports, and Briefs Research, Reports, and Briefs Research, Reports, and Briefs

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Session 4: School Culture: From First Impressions to Learning Environments in Our Schools

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Session 4: School Culture: From First Impressions to Learning Environments in Our Schools

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Empowering Inclusive Decision Making

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Session 1: CULTIVATING SAFE AND BRAVE PRACTICES IN OUR SCHOOLS

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Session 1: CULTIVATING SAFE AND BRAVE PRACTICES IN OUR SCHOOLS

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Session 2: Leveraging Our Privilege to be an Actionable Ally

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Session 2: Leveraging Our Privilege to be an Actionable Ally

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Session 3: Empowering Inclusive Decision Making

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Session 3: Empowering Inclusive Decision Making