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Padlet Slide #1 - My Professional Perspective

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Padlet Slide #1 - My Professional Perspective

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Discriminatory policies against transgender students are problematic to their safety and health. These policies condone the negative treatment of LGBTQ+ students, which creates an unsafe and potentially hostile environment for them. As the First Amendment of the U. S. Constitution protects freedom of speech, it is unlawful for school districts to deny students their freedom of expression (U. S. Const. amend. I). School counselors must advocate for a safe and inclusive environment for all students. Not allowing counselors to affirm their identity contradicts the legal and ethical standards counselors are required to abide by. Therefore, school counselors must ensure that no students are discriminated against for any reason. I chose this topic because I have witnessed the discrimination that LGBTQ+ students face in schools and I am passionate about advocating for them. I believe that is important for us to educate others on the challenges they face and encourage them to become more open and accepting. This will create a more inclusive school culture and a safer community for all students.

U. S. Const. amend. I. Retrieved form https:///efaidnbmnnnibpcajpcglclefindmkaj/https://

www.senate.gov/civics/resources/pdf/US_Constitution-Senate_Publication_103-21.pdf

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There is currently a lack of laws that protect LGBTQ+ students, as well as a variety of laws that even discriminate against LGBTQ+ students. For example, Texas House Bill 25 states that transgender students must play on school sports teams that align with the gender assigned to them at birth (33 Tex. Educ. Code § 0834). Though there are not currently any policies at the state level, some districts have established policies that will not allow district employees to affirm students’ identities by using their preferred pronouns (Zeeble, 2003). This policy interferes with their legal right to freedom of expression (U. S. Const. amend. I), which has caused a major controversial discussion. School districts are responsible for the enforcement of legal and ethical standards within their district. At the higher level, state legislators, the State Board of Educators, and the Texas Education Agency create and facilitate legal and ethical guidelines.

33 Tex. Educ. Code § 0834.

U. S. Const. amend. I. Retrieved from https:///efaidnbmnnnibpcajpcglclefindmkaj/https://

www.senate.gov/civics/resources/pdf/US_Constitution-Senate_Publication_103-21.pdf

Zeeble, B. (2023). Keller ISD trustees adopt controversial bathroom and pronoun policies. KERA News. https://www.keranews.org/education/2023-06-29/keller-isd-trustees-adopt-controversial-bathroom-and-pronoun-policies

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Padlet Slide #3 - Federal and State Laws

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Padlet Slide #3 - Federal and State Laws

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Constitutional Law: The First Amendment provides all individuals with the right to freedom of expression (U. S. Const. amend. I). Some school districts are working to pass policies that prohibit students from wearing clothes and using pronouns that do not align with their biological gender, as well as forcing staff to let parents know about their gender identity and sexual orientation. The First Amendment protects their right to express themselves regardless of their biological identity. ate Law: The Texas Labor Code prohibits discrimination based on gender (21 Tex. Lab. Code § 056).

Link: https://efaidnbmnnnibpcajpcglclefindmkaj/https://

www.senate.gov/civics/resources/pdf/US_Constitution-Senate_Publication_103-21.pdf

The law allows freedom of expression

Students are able to utilize the pronouns they wish

Students are able to dress and express themselves however they'd like

Students cannot be punished for expressing themselves in a way that does not align with their biological gender

School districts and employees may face legal action or a lawsuit if they violate this law

There are state laws that protect against gender discrimination. However, there is currently no law that prohibits discrimination on the basis of gender identity or sexual orientation (Equality, n.d.). This is problematic as one of our most vulnerable populations is unprotected. If individuals are protected from discrimination about housing and employment, they should also be protected in schools.

Link: https://www.equalitytexas.org/legislature/2015legislation/nondiscrimination/#:~:text=Under%20current%20law%20it%20is,or%20gender%20identity%20or%20expression.

Though there are not state laws, federal law still protects these students

There are state laws that protect them from discrimination for housing and employment

Even though state law does not protect these students, federal law does and violating this law could result in a lawsuit

21 Tex. Lab Code  § 056.

Equality. (n.d.). Non-discrimination. https://www.equalitytexas.org/legislature/2015legislation/non-discrimination/#:~:text=Under%20current%20law%20it%20is,or%20gender%

20identity%20or%20expression.

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Padlet Slide #4 - Statute and Administrative Law

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Padlet Slide #4 - Statute and Administrative Law

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Federal Statute: The United States Congress explains that schools should guarantee an “educational environment free from discrimination on the basis of sex, including sexual orientation or gender identity” (U.S.C. § 1681).

Link: https://uscode.house.gov/view.xhtml?path=/prelim@title20/chapter38&edition=prelim

This statute protects students from discrimination regardless of gender

Protects students’ rights to express their gender identity and sexual orientation

Schools cannot force students to utilize the pronouns that align with their biological gender nor can they force students to dress according to their biological gender

Students are free to express themselves differently from stereotypical expectations

Students are entitled to equal opportunity

All students can participate in programs and extracurricular activities regardless of gender

Texas Administrative Law: State law explains that school districts have the authority to decide what is taught regarding human sexuality based on community values (Tex. Admin. Code § 115.38).

Link: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=2&ch=115&rl=38

States that human sexuality can be taught.

The curriculum must be approved by the district

Parents have the right to opt their students out of these lessons

Does not ensure that students across the state are being provided with the same information.

Values can be biased and there is no strict way to ensure that these conversations are unbiased

If either law is violated, the school district or staff member may face legal action or a lawsuit.

19 Tex. Admin. Code  § 115.38.

20 U. S. Code  § 1681.

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§1681. Sex

(a) Prohibition against discrimination; exceptions

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance, except that:

(1) Classes of educational institutions subject to prohibition

in regard to admissions to educational institutions, this section shall apply only to institutions of vocational education, professional education, and graduate higher education, and to public institutions of undergraduate higher education;

(2) Educational institutions commencing planned change in admissions

in regard to admissions to educational institutions, this section shall not apply (A) for one year from June 23, 1972, nor for six years after June 23, 1972, in the case of an educational institution which has begun the process of changing from being an institution which admits only students of one sex to being an institution which admits students of both sexes, but only if it is carrying out a plan for such a change which is approved by the Secretary of Education or (B) for seven years from the date an educational institution begins the process of changing from being an institution which admits only students of only one sex to being an institution which admits students of both sexes, but only if it is carrying out a plan for such a change which is approved by the Secretary of Education, whichever is the later;

(3) Educational institutions of religious organizations with contrary religious tenets

this section shall not apply to an educational institution which is controlled by a religious organization if the application of this subsection would not be consistent with the religious tenets of such organization;

(4) Educational institutions training individuals for military services or merchant marine

this section shall not apply to an educational institution whose primary purpose is the training of individuals for the military services of the United States, or the merchant marine;

(5) Public educational institutions with traditional and continuing admissions policy

in regard to admissions this section shall not apply to any public institution of undergraduate higher education which is an institution that traditionally and continually from its establishment has had a policy of admitting only students of one sex;

(6) Social fraternities or sororities; voluntary youth service organizations

this section shall not apply to membership practices-

(A) of a social fraternity or social sorority which is exempt from taxation under section 501(a) of title 26, the active membership of which consists primarily of students in attendance at an institution of higher education, or

(B) of the Young Men's Christian Association, Young Women's Christian Association, Girl Scouts, Boy Scouts, Camp Fire Girls, and voluntary youth service organizations which are so exempt, the membership of which has traditionally been limited to persons of one sex and principally to persons of less than nineteen years of age;

(7) Boy or Girl conferences

this section shall not apply to-

(A) any program or activity of the American Legion undertaken in connection with the organization or operation of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference; or

(B) any program or activity of any secondary school or educational institution specifically for-

(i) the promotion of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference; or

(ii) the selection of students to attend any such conference;

(8) Father-son or mother-daughter activities at educational institutions

this section shall not preclude father-son or mother-daughter activities at an educational institution, but if such activities are provided for students of one sex, opportunities for reasonably comparable activities shall be provided for students of the other sex; and

(9) Institution of higher education scholarship awards in "beauty" pageants

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

(b) Preferential or disparate treatment because of imbalance in participation or receipt of Federal benefits; statistical evidence of imbalance

Nothing contained in subsection (a) of this section shall be interpreted to require any educational institution to grant preferential or disparate treatment to the members of one sex on account of an imbalance which may exist with respect to the total number or percentage of persons of that sex participating in or receiving the benefits of any federally supported program or activity, in comparison with the total number or percentage of persons of that sex in any community, State, section, or other area: Provided, That this subsection shall not be construed to prevent the consideration in any hearing or proceeding under this chapter of statistical evidence tending to show that such an imbalance exists with respect to the participation in, or receipt of the benefits of, any such program or activity by the members of one sex.

(c) "Educational institution" defined

For purposes of this chapter an educational institution means any public or private preschool, elementary, or secondary school, or any institution of vocational, professional, or higher education, except that in the case of an educational institution composed of more than one school, college, or department which are administratively separate units, such term means each such school, college, or department.

(Pub. L. 92-318, title IX, §901, June 23, 1972, 86 Stat. 373; Pub. L. 93-568, §3(a), Dec. 31, 1974, 88 Stat. 1862; Pub. L. 94-482, title IV, §412(a), Oct. 12, 1976, 90 Stat. 2234; Pub. L. 96-88, title III, §301(a)(1), title V, §507, Oct. 17, 1979, 93 Stat. 677, 692; Pub. L. 99-514, §2, Oct. 22, 1986, 100 Stat. 2095.)

References in Text

This chapter, referred to in subsecs. (b) and (c), was in the original "this title", meaning title IX of Pub. L. 92-318 which enacted this chapter and amended sections 203 and 213 of Title 29, Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2 of Title 42, The Public Health and Welfare. For complete classification of title IX to the Code, see Short Title note below and Tables.

Amendments

1986-Subsec. (a)(6)(A). Pub. L. 99-514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954", which for purposes of codification was translated as "title 26" thus requiring no change in text.

1976-Subsec. (a)(6) to (9). Pub. L. 94-482 substituted "this" for "This" in par. (6) and added pars. (7) to (9).

1974-Subsec. (a)(6). Pub. L. 93-568 added par. (6).

Effective Date of 1976 Amendment

Effective Date of 1974 Amendment

Short Title of 1988 Amendment

Pub. L. 100-259, §1, Mar. 22, 1988, 102 Stat. 28, provided that: "This Act [enacting sections 1687 and 1688 of this title and section 2000d-4a of Title 42, The Public Health and Welfare, amending sections 706 and 794 of Title 29, Labor, and section 6107 of Title 42, and enacting provisions set out as notes under sections 1687 and 1688 of this title] may be cited as the 'Civil Rights Restoration Act of 1987'."

Short Title

Pub. L. 107-255, Oct. 29, 2002, 116 Stat. 1734, provided "That title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq.; Public Law 92-318) [title IX of Pub. L. 92-318, enacting this chapter and amending sections 203 and 213 of Title 29, Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2 of Title 42, The Public Health and Welfare] may be cited as the 'Patsy Takemoto Mink Equal Opportunity in Education Act'."

Transfer of Functions

"Secretary" substituted for "Commissioner" in subsec. (a)(2) pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred functions of Commissioner of Education to Secretary of Education.

Coordination of Implementation and Enforcement of Provisions

For provisions relating to the coordination of implementation and enforcement of the provisions of this chapter by the Attorney General, see section 1-201(b) of Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out under section 2000d-1 of Title 42, The Public Health and Welfare.

Regulations; Nature of Particular Sports: Intercollegiate Athletic Activities

§1682. Federal administrative enforcement; report to Congressional committees

Each Federal department and agency which is empowered to extend Federal financial assistance to any education program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 1681 of this title with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become effective unless and until approved by the President. Compliance with any requirement adopted pursuant to this section may be effected (1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other recipient as to whom such a finding has been made, and shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found, or (2) by any other means authorized by law: Provided, however, That no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the Federal department or agency shall file with the committees of the House and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall become effective until thirty days have elapsed after the filing of such report.

Delegation of Functions

Functions of President relating to approval of rules, regulations, and orders of general applicability under this section, delegated to Attorney General, see section 1-102 of Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out under section 2000d-1 of Title 42, The Public Health and Welfare.

§1683. Judicial review

Any department or agency action taken pursuant to section 1682 of this title shall be subject to such judicial review as may otherwise be provided by law for similar action taken by such department or agency on other grounds. In the case of action, not otherwise subject to judicial review, terminating or refusing to grant or to continue financial assistance upon a finding of failure to comply with any requirement imposed pursuant to section 1682 of this title, any person aggrieved (including any State or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with chapter 7 of title 5, and such action shall not be deemed committed to unreviewable agency discretion within the meaning of section 701 of that title.

Codification

" Section 1682 of this title", where first appearing, substituted in text for "section 1002" as conforming to intent of Congress as Pub. L. 92-318 was enacted without any section 1002 and subsequent text refers to "section 902", which is classified to section 1682 of this title.

§1684. Blindness or visual impairment; prohibition against discrimination

No person in the United States shall, on the ground of blindness or severely impaired vision, be denied admission in any course of study by a recipient of Federal financial assistance for any education program or activity, but nothing herein shall be construed to require any such institution to provide any special services to such person because of his blindness or visual impairment.

§1685. Authority under other laws unaffected

Nothing in this chapter shall add to or detract from any existing authority with respect to any program or activity under which Federal financial assistance is extended by way of a contract of insurance or guaranty.

References in Text

This chapter, referred to in text, was in the original "this title", meaning title IX of Pub. L. 92-318 which enacted this chapter and amended sections 203 and 213 of Title 29, Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2 of Title 42, The Public Health and Welfare. For complete classification of title IX to the Code, see Short Title note set out under section 1681 of this title and Tables.

§1686. Interpretation with respect to living facilities

Notwithstanding anything to the contrary contained in this chapter, nothing contained herein shall be construed to prohibit any educational institution receiving funds under this Act, from maintaining separate living facilities for the different sexes.

References in Text

This chapter, referred to in text, was in the original "this title", meaning title IX of Pub. L. 92-318 which enacted this chapter and amended sections 203 and 213 of Title 29, Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2 of Title 42, The Public Health and Welfare. For complete classification of title IX to the Code, see Short Title note set out under section 1681 of this title and Tables.

This Act, referred to in text, is Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended, known as the Education Amendments of 1972. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables.

§1687. Interpretation of "program or activity"

For the purposes of this chapter, the term "program or activity" and "program" mean all of the operations of-

(1)(A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or

(B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;

(2)(A) a college, university, or other postsecondary institution, or a public system of higher education; or

(B) a local educational agency (as defined in section section 7801 of this title), system of vocational education, or other school system;

(3)(A) an entire corporation, partnership, or other private organization, or an entire sole proprietorship-

(i) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(ii) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(B) the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3);

any part of which is extended Federal financial assistance, except that such term does not include any operation of an entity which is controlled by a religious organization if the application of section 1681 of this title to such operation would not be consistent with the religious tenets of such organization.

( Pub. L. 92-318, title IX, §908, as added Pub. L. 100-259, §3(a), Mar. 22, 1988, 102 Stat. 28; amended Pub. L. 103-382, title III, §391(g), Oct. 20, 1994, 108 Stat. 4023; Pub. L. 107-110, title X, §1076(j), Jan. 8, 2002, 115 Stat. 2091; Pub. L. 114-95, title IX, §9215(bb), Dec. 10, 2015, 129 Stat. 2173.)

References in Text

This chapter, referred to in text, was in the original "this title", meaning title IX of Pub. L. 92-318 which enacted this chapter and amended sections 203 and 213 of Title 29, Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2 of Title 42, The Public Health and Welfare. For complete classification of title IX to the Code, see Short Title note set out under section 1681 of this title and Tables.

Amendments

2015-Par. (2)(B). Pub. L. 114-95 substituted " section 7801 of this title), system of vocational education, or other school system;" for "7801 of this title), system of vocational education, or other school system;".

2002-Par. (2)(B). Pub. L. 107-110 substituted "7801" for "8801".

1994-Par. (2)(B). Pub. L. 103-382 substituted "section 8801" for "section 2854(a)(10)".

Effective Date of 2015 Amendment

Amendment by Pub. L. 114-95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114-95, set out as a note under section 6301 of this title.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107-110, set out as an Effective Date note under section 6301 of this title.

Findings of Congress

"(1) certain aspects of recent decisions and opinions of the Supreme Court have unduly narrowed or cast doubt upon the broad application of title IX of the Education Amendments of 1972 [ 20 U.S.C. 1681 et seq.], section 504 of the Rehabilitation Act of 1973 [ 29 U.S.C. 794], the Age Discrimination Act of 1975 [ 42 U.S.C. 6101 et seq.], and title VI of the Civil Rights Act of 1964 [ 42 U.S.C. 2000d et seq.]; and

"(2) legislative action is necessary to restore the prior consistent and long-standing executive branch interpretation and broad, institution-wide application of those laws as previously administered."

Construction

Pub. L. 100-259, §7, Mar. 22, 1988, 102 Stat. 31, provided that: "Nothing in the amendments made by this Act [see Short Title of 1988 Amendment note under section 1681 of this title] shall be construed to extend the application of the Acts so amended [Education Amendments of 1972, Pub. L. 92-318, see Short Title of 1972 Amendment, set out as a note under section 1001 of this title, Rehabilitation Act of 1973, 29 U.S.C. 701 et seq., Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq., and Civil Rights Act of 1964, 42 U.S.C. 2000a et seq.] to ultimate beneficiaries of Federal financial assistance excluded from coverage before the enactment of this Act [Mar. 22, 1988]."

Abortion Neutrality

This section not to be construed to force or require any individual or hospital or any other institution, program, or activity receiving Federal funds to perform or pay for an abortion, see section 8 of Pub. L. 100-259, set out as a note under section 1688 of this title.

§1688. Neutrality with respect to abortion

Nothing in this chapter shall be construed to require or prohibit any person, or public or private entity, to provide or pay for any benefit or service, including the use of facilities, related to an abortion. Nothing in this section shall be construed to permit a penalty to be imposed on any person or individual because such person or individual is seeking or has received any benefit or service related to a legal abortion.

( Pub. L. 92-318, title IX, §909, as added Pub. L. 100-259, §3(b), Mar. 22, 1988, 102 Stat. 29.)

References in Text

This chapter, referred to in text, was in the original "this title", meaning title IX of Pub. L. 92-318 which enacted this chapter and amended sections 203 and 213 of Title 29, Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2 of Title 42, The Public Health and Welfare. For complete classification of title IX to the Code, see Short Title note set out under section 1681 of this title and Tables.

Construction

This section not to be construed to extend application of Education Amendments of 1972, Pub. L. 92-318, to ultimate beneficiaries of Federal financial assistance excluded from coverage before Mar. 22, 1988, see section 7 of Pub. L. 100-259, set out as a note under section 1687 of this title.

Abortion Neutrality

Pub. L. 100-259, §8, Mar. 22, 1988, 102 Stat. 31, provided that: "No provision of this Act or any amendment made by this Act [see Short Title of 1988 Amendment note under section 1681 of this title] shall be construed to force or require any individual or hospital or any other institution, program, or activity receiving Federal Funds [sic] to perform or pay for an abortion."

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[USC02] 20 USC Ch. 38: DISCRIMINATION BASED ON SEX OR BLINDNESS

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(a) Prohibition against discrimination; exceptions No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance, except that: (1) Classes of educational institutions subject

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The case of Bostock v. Clayton County established a policy that states " all persons should receive equal treatment under the law, no matter their gender identity or sexual orientation" (42 U. S. Code § 2000).

Link: https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf

This law set a precedent for equal treatment regardless of gender identity or sexual orientation

Transgender students cannot be discriminated against

Students have freedom of expression and choice

Students cannot be punished for not expressing themselves according to the stereotypical ideals of genders

Doe v. Yunits ruled that a school could not force a transgender student to wear clothes and express themselves according to stereotypical gender ideals (15 Mass. Super § 001060A).

Link: https://www.glad.org/cases/pat-doe-v-yunits/

Transgender students have the right to dress how they would like

Students have freedom of expression

Students cannot be forced to dress according to their biological gender

Students cannot be punished for dressing differently from their biological gender

The court case of Doe v. Clenchy decided that a school could not force a transgender student to use the bathroom that aligns with their biological gender (20-A. M. R. S. § 6501).

Link: https://www.glad.org/cases/doe-v-clenchy/

Transgender students cannot be forced to use a bathroom they are not comfortable with

Transgender students must be provided a safe place to use the restroom

Transgender students cannot be punished for using a bathroom that does not align with their biological gender

Bostock v. Clayton County, 42 U. S. Code § 2000c (2020).

Doe v. Clenchy, 20-A. M. R. S. § 6301 (2012).

Doe v. Yunits, 15 Mass. Super. § 001060A (2002).

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Status: Victory

GLAD obtained a landmark ruling, in the first reported decision ever in a case brought by a transgender student, that a middle school may not prohibit a transgender student from expressing her female gender identity. Disciplining a biologically male student for wearing girls' clothing violates her First Amendment rights of free expression and constitutes sex discrimination. The Superior Court decision confirms that a school may not exert its authority over a student simply to enforce stereotyped ideas of how boys and girls should look, a ruling that has significant impact for all gay, lesbian, bisexual and transgender students.

GLAD brought the case against the Brockton School Department when the school prohibited our client, known in court documents only as Pat Doe, from attending school wearing what the principal considered to be girls' clothing after nearly two years of disciplinary action against Pat for her choice of clothes.

A single justice of the appeals court affirmed the Superior Court injunction. Also, the trial court denied the school's motions to dismiss Pat Doe's disability and due process claims. In a first of its kind ruling, the court held that Massachusetts disability law, unlike federal law, does not exclude transgender people from its protections.

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Status: Victory GLAD obtained a landmark ruling, in the first reported decision ever in a case brought by a transgender student, that a middle school may not prohibit a transgender student from expressing her female gender identity. Disciplining a biologically male student for wearing girls' clothing violates her First Amendment rights of free expression and constitutes sex discrimination.

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Texas Education Agency (TEA) Regulation: “A superintendent understands, values, and is able to promote multicultural awareness, gender sensitivity, and the appreciation of diversity in the education community” (Tex. Admin. Code Issue § 242.15).

Link: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=242&rl=15

As the leader of school districts, superintendents set the standards for all employees and members

of the school district. Superintendents also have a major impact on the community as a whole. Therefore, they must understand the importance of gender sensitivity, especially pertaining to those who identify as transgender.

As the superintendent can create inclusive policies for transgender students, they can promote acceptance and tolerance in the community, resulting in a safer place for students.

Superintendent sets the standard of respect regarding gender and gender identity.

Superintendents, school districts, and staff cannot discriminate against anyone based on gender or gender identity

19 Tex. Admin. Code § 242.15.

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(a) Superintendent Certificate Standards. The knowledge and skills identified in this section must be used by an educator preparation program in the development of curricula and coursework and the State Board for Educator Certification as the basis for developing the examinations required to obtain the standard Superintendent Certificate. The standards also serve as the foundation for the individual assessment, professional growth plan, and continuing professional education activities required by §242.30 of this title (relating to Requirements to Renew the Standard Superintendent Certificate). (b) Learner-Centered Values and Ethics of Leadership. A superintendent is an educational leader who promotes the success of all students by acting with integrity, fairness, and in an ethical manner. A superintendent understands, values, and is able to: (1) model and promote the highest standard of conduct, ethical principles, and integrity in decision making, actions, and behaviors; (2) implement policies and procedures that encourage all school district personnel to comply with Chapter 247 of this title (relating to Educators' Code of Ethics); (3) serve as an articulate spokesperson for the importance of education in a free democratic society; (4) enhance teaching and learning by participating in quality professional development activities, study of current professional literature and research, and interaction with the school district's staff and students; (5) maintain personal physical and emotional wellness; and (6) demonstrate the courage to be a champion for children. (g) Learner-Centered Organizational Leadership and Management. A superintendent is an educational leader who promotes the success of all students by leadership and management of the organization, operations, and resources for a safe, efficient, and effective learning environment. A superintendent understands, values, and is able to: (1) implement appropriate management techniques and group processes to define roles, assign functions, delegate effectively, and determine accountability for goal attainment; Cont'd...

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(a) Superintendent Certificate Standards. The knowledge and skills identified in this section must be used by an educator preparation program in the development of curricula and coursework and the State Board for Educator Certification as the basis for developing the examinations required to obtain the standard Superintendent Certificate.

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Padlet Slide #7 - Local Administrative Policy

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Padlet Slide #7 - Local Administrative Policy

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Local Policy: Kerrville Independent School District (2023) states that “students shall not engage in sexual or gender-based harassment or sexual abuse, whether by word, gesture, or any other conduct directed toward another person, including a district student, employee, board member, or volunteer” (p. 7).

Link: https://docs.google.com/viewing/viewer?url=https://www.kerrvilleisd.net//cms/lib/TX50000093/Centricity/Domain/76/KISD+Code+of+Conduct+2023-24.pdf

Protects students from harassment and abuse of any kind based on gender.

Ensures that bullying, harassment, and assault will not be tolerated, which will help create a safer and more inclusive environment for all students.

Protects the rights of transgender students and promotes a culture of acceptance and respect.

Kerrville Independent School District. (2023). Kerrville independent school district: Student code of conduct. https://docs.google.com/viewing/viewer?url=https://www.kerrvilleisd.net//cms/lib/TX50000093/Centricity/Domain/76/KISD+Code+of+Conduct+2023-24.pdf

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Establish clear and detailed policies and standards to prevent a potential issue. Current state laws are vague and contradict federal laws. Lack of clarity is problematic for transgender students as the expectations are vague and incidents may not be managed appropriately or effectively. Implementing and enforcing these policies ensures that these students are safe and protected.

Educate and train students and staff on the expectations, policies, and procedures about transgender students' rights to ensure they are appropriately prepared to handle various situations, discussions, and incidents. Students and staff must be aware of what to do if they are concerned about a situation, how and where to report it, and the potential consequences of any incidents. An informed school community will prevent negligence.

Enforce all policies fairly and consistently. Ensure that all students and staff are held accountable for their actions. Any disciplinary action must be taken appropriately and equally. Zero-tolerance policies protect transgender students and prevent further incidents (Curacubby, 2023).

Curacubby. (2023). Everything you need to know about risk management in schools. https://www.curacubby.com/resources/risk-management-in-schools

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As a future professional school counselor, I abide by the American School Counselor Association (ASCA) Ethical Standards. These standards state that "school counselors actively respond to incidents of bias or hate, demonstrating a commitment to equity and promoting a safe, inclusive school community" (ASCA, 2022, p. 5).

Link: https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

LGBTQ+ rights are controversial as people have various personal opinions based on religious and cultural backgrounds. However, these ethical standards protect students' rights. They allow students the freedom to choose their gender identity and sexual orientation and express themselves in a way that feels comfortable for them. Enforcing these standards also guides school counselors to address students' needs on a school-wide and community-wide basis, thus giving them the platform to advocate for the needs and rights of transgender students.

American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4641-9ad8-f15909c3d164/EthicalStandards.pdf

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As a dancer, I have many LGBTQ+ friends who have shared their challenging experiences with me. As I transitioned to my career in education, I have noticed that many of my students continue to face similar issues. I am passionate about creating a safe space for these students to thrive socially, emotionally, and academically, which is why these laws are so important to the role I hope to play and the difference I hope to make in their lives.

Differences in opinions and values do not give someone the right to mistreat others. I aspire to create a safer society for LGBTQ+ people and believe that this can start in schools. Enforcing these laws and establishing an inclusive culture with our students will encourage them to become kind and accepting members of society.

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Foster a safe, accepting, and inclusive school culture.

Ensure that laws, policies, and ethical standards are clearly established and aligned.

Effectively and efficiently distribute information regarding laws, policies, and expectations.

Thoroughly train students and staff on policies, expectations, procedures, and consequences.

Consistently monitor behaviors and concerns.

Address all disciplinary actions and issues equally, fairly, and consistently.

Assess data to determine areas of growth and necessary improvements.

Collaborate with stakeholders to identify ways to improve and ensure students are properly supported.

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Legal and Ethical Application References