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My Professional Perspective is as an Athletic Director/Coordinator or Secondary administrator in a secondary public school setting. This is a guide to help any public school educator whom may have questions concerning Transgender Athletes competing in the  UiL competition in the state of Texas.

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Slide #2 Summary of Topic: Practical summary of the Legal Guide topic

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Slide #2 Summary of Topic: Practical summary of the Legal Guide topic

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Transgender athletes wanting participating in public school athletic competition, has become a legal and ethical question within the last 10 years in the state of Texas. Just as recently as 2015 a transgender athlete wanted to compete as a male in UiL wrestling, even though they were born a female. The UiL addressed the matter by stating that athletes must participate with the gender that their birth certificate states at their birth. Therefore they were required to participate as female, in this case many were upset and outraged as the transgender athlete was also receiving a treatment of steroids to help with their transition.

Transgender athletes who were born as male have also started to participate or have requested to participate as female. This is causing great, concern as these transgender athletes have the opportunity to dominate a sport, not because of their talent or skill, but because they view as having an advantage, because of their genetic and physical makeup. Some states have allowed the participation of transgender athletes in female sports, which in turn have led to legal litigation. Others including Texas have created laws to protect women's athletics in public schools.

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Slide #3 Professional Association: Women's Sports  Working Group Position Statement 

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Slide #3 Professional Association: Women's Sports  Working Group Position Statement 

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Women’s Sports Working Policy Group states in their position statement that girls’/women’s competitive sport need safeguards as do trans girls/women need to be included with appropriate conditions for each group. The also go on to to that science, not ideology should be the deciding factor for sex segregation in competitive sports.

If males were allowed to participate against females in open competitive play, then females would never win. Our federal government knows the importance and benefits that competition provides males and females. Sports provide all athletes health benefits, social/emotional skills, teamwork and helps to build self-esteem. Sports double as an academic and social tool, these lessons and benefits reverberate well beyond the playing field throughout the lives of all female athletes.

“The legislative history of Title IX is clear that Congress also understood that even when height, size, and weight are equal, males are incrementally stronger and generate more explosive force, so that if males and females are forced to compete against each other, the physical safety of females is at risk.

At the time Title IX’s athletics regulations were passed, no one raised the issues of gender identity apart from biological sex, or whether trans girls/women with the post-pubescent advantages of biological males should be allowed to participate in the space created by Congress to secure the sport experiences of biological females. Today, however, trans girls/women are asking for the right to compete in girls’ and women’s sport, directly against female athletes, even when they retain some or all of their male sex-linked strength, power, and related performance advantages. For many people, the issue is not whether trans girls/women should be included in women’s sport. Rather, it is whether female athletes can continue to be safeguarded and trans girls/women included within women’s sports consistent with their gender identity.”

https://womenssportspolicy.org/the-issue/

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Sports have been continuously sex-segregated for over 100 years, across disciplines where male sex-linked advantages affect competitive opportunities for females. Congress passed Title IX in 1972 and approved its implementing regulations governing competitive sport in educational institutions in 1975, explicitly permitting girls and women's sport to exist separate from boys' and men's sport. Law and sports policy makers understood that from the onset of male puberty, male bodies develop such that they are, as a group, faster, stronger, and more powerful than female bodies as a group. The performance gap between male and female athletes that emerges from that point typically ranges from 8-20% depending on the sport and event, and " up to 50% where explosive power and complex movement skills are pivotal."

Science not Ideology Dictates the Need for Sex Segregation in Sports.

If sports were not sex-segregated, female athletes would rarely be seen in finals or on victory podiums. Congress has long understood the benefits of sport and the benefits of having the opportunity to train, compete and win. Repeatedly, Congress has affirmed that it wanted both our sons and our daughters to realize those benefits, which are well documented in the academic literature. Girls and women learn the benefits of teamwork in pursuit of conference, state and national championships; the confidence and self-esteem that flows from competent performance of physical skills; the life-changing power of competing against the best and standing on the podium; confidence borne of testing the limits of strength, speed, skill and reaction time; and the power of personal achievement and public recognition when setting school, meet and other records. And as sports double as an academic and social tool, these lessons and benefits reverberate well beyond the playing field throughout the lives of all female athletes.

The legislative history of Title IX is clear that Congress also understood that even when height, size, and weight are equal, males are incrementally stronger and generate more explosive force, so that if males and females are forced to compete against each other, the physical safety of females is differently at risk.

At the time Title IX's athletics regulations were passed, no one raised the issues of gender identity apart from biological sex, or whether trans girls/women with the post-pubescent advantages of biological males should be allowed to participate in the space created by Congress to secure the sport experiences of biological females. Today, however, trans girls/women are asking for the right to compete in girls' and women's sport, directly against female athletes, even when they retain some or all of their male sex-linked strength, power, and related performance advantages. For many people, the issue is not whether trans girls/women should be included in women's sport. Rather, it is whether female athletes can continue to be safeguarded and trans girls/women included within women's sports consistent with their gender identity.

States are Passing Conflicting Laws.

States have taken one of three general approaches to the issue of trans-inclusion in girls' and women's sport. Ten states expressly require males and females to participate in high school sports according to their birth sex, thereby prohibiting participation in girls' sports by trans girls, whether or not they have begun male puberty or have had hormone therapy. In contrast, seventeen states and the District of Columbia expressly require the inclusion of trans girls in girls' sports without regard to the extent to which they may retain the male-linked physical traits that otherwise justify excluding males from female sport on competitive fairness and safety grounds. Another seventeen states have adopted a policy similar to the NCAA rule, which allows trans girls to compete after taking gender-affirming hormones for a year. Finally, six states have no policy one way or the other regarding gender identity and sport.

Pending Legal Challenges.

None of the policies mentioned has been immune from a legal challenge. In Connecticut, one of the states that allows trans girls to compete in girls' sports without regard to whether they have experienced male puberty or are on gender affirming hormones, four female athletes - cis girls - and their mothers have sued their state high school athletic association. They contend that Connecticut's rule, which ignores biological sex and focuses on gender identity, has deprived them of school and state records they would otherwise have held, and from advancing in competitions, including qualifying for state and regional championships and becoming state champions, spots they would otherwise have won. Instead, the rule has allowed two trans girls to dominate their events. The Department of Education has concluded that the state's policy regarding transgender athletes violates Title IX's mandate of equal opportunity for both sexes since biological males are able to win in both the male and the female divisions. At the other end of the country and the political spectrum, Idaho has seen a similar legal battle erupt after it adopted a law mandating that athletic eligibility be based only on birth sex. To date there has been no approach that would include trans girls/women while preserving competitive opportunities for females.

The Cultural Battle Outside of the Courts Has Not Allowed for Respectful Dialogue on Science, Policy, and Best Practices.

Transgender advocates accuse female athletes, their parents, and supporters of transphobia simply because they recognize the significance of sex in sport. Others seek unnecessarily to exclude all trans girls from all girls' sports regardless of whether they have experienced male puberty or are undergoing gender-affirming therapies. The conflicting positions have sparked a rhetorical battle about who will suffer more harm: trans girls who are prevented from competing as girls, or females who are forced to compete against athletes who have the male sex-linked advantages girls' and women's sport was designed to exclude. Throughout, surveys consistently show Americans want sports opportunities for girls and women. Only a minority of Americans - just 29% according to one recent survey - favor allowing transgender students to participate on the sports team consistent with their gender identity.

Conflicting Federal Legislative Proposals Take an "Either/Or" Approach.

Various bills in the 116 th Congress would either require identical treatment of - no distinctions allowed between - females and trans girls (H.R. 5 - The Equality Act), or they would preclude all trans girls/women from participating in girl's/women's sports, which would be restricted to biological females (H.R. 5603, H.R. 8932 and S. 4649).

The Supreme Court in Bostock did not Resolve the Question of Separate Sex Sport.

Trans girls/women and their advocates argue that the Supreme Court's decision in Bostock v. Clayton County, 590 U.S.___, 140 S. Ct 1731(2020), mandates the unconditional inclusion of trans girls/women in women's sports. This is misleading at best, as Bostock was about workplace discrimination under Title VII, not about sex segregation in competitive sport; in its decision the Court expressly stated it was defining "sex" to mean "biological sex" not "gender identity"; and it expressly reserved for another day - did not decide - the issue whether distinctions on the basis of sex are permissible for bathrooms, locker rooms, and sport.

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The Issue - Women’s Sports Policy Working Group

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Law and sports policy makers understood that from the onset of male puberty, male bodies develop such that they are, as a group, faster, stronger, and more powerful than female bodies as a group. This is the basic justification for separate sex sport and laws requiring equal opportunity for females…

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 Slide #4 Current News Article: Law, Policy, and the participation of transgender athletes in the United States

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 Slide #4 Current News Article: Law, Policy, and the participation of transgender athletes in the United States

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Sport organizations should  be in favor of gender-identity based participation by transgender athletes.

Restrictions placed on the participation of any athletes are inappropriate in youth athletics, especially when it is at an amateur level.

By allowing all athletes to participate dignity, respect and of transgender athletes are valued.

Federal and state law making the question more challenging and are only working to make it a political issue.

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ABSTRACT
This article provides an overview of U.S. law and public policy governing the rights of transgender athletes to participate in sports programs and how sports organizers should take the law, or its absence, into account when creating internal policies in this area.

HIGHLIGHTS

Sport organizations should favor gender-identity based participation.

Participation restrictions are inappropriate in youth, nonelite athletics.

Inclusion promotes dignity, respect and health of transgender participants.

Relevant U.S· public law is complex but generally permissive of inclusion.

Current controversies in the U.S· may affect transgender athletes' rights.

Disclosure statement

No potential conflict of interest was reported by the author.

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Law, policy, and the participation of transgender athletes in the United States

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ABSTRACT This article provides an overview of U.S. law and public policy governing the rights of transgender athletes to participate in sports programs and how sports organizers should take the law, or its absence, into account when creating internal policies in this area. Sport organizations should favor gender-identity based participation.

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Slide #5 Current News Article: Factors influencing acceptance of transgender athletes

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Slide #5 Current News Article: Factors influencing acceptance of transgender athletes

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Acceptance of trans gender athletes depends on the level of competition. There is a great level of acceptance in Recreation League play, but little to none in public education and club play.

There is a greater concern with trans gender athletes participating in female sports, than there is in trans gender athletes participating in male sports or non-gender specific sports.

How is it certain that everyone is having an equal opportunity at participating and competing in their chosen sport. Is it fair all?

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Slide #6 Original Source of Law: The Protection Clause of the 14th Amendment

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Slide #6 Original Source of Law: The Protection Clause of the 14th Amendment

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The Protection Clause of the 14th Amendment-states that all people must be treated equally under the law, regardless of their sex (U.S. Const. amend. XIV, § 2)

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Amendment XIV

Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2.

Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.

Section 3.

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4.

The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5.

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

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All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.

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Slide#7 Original Sources of Law: Title XI

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Slide#7 Original Sources of Law: Title XI

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Title IX, in 1972 the federal law was enacted that prohibits sex discrimination in schools who receive federal funding. This law mandates gender equality in athletics, among other areas of public education.

Title IX Act of 1972, 20 USC § 1681

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U.S. Department of Education
Office for Civil Rights
400 Maryland Avenue, SW
Washington, D.C. 20202-1328
Revised August 2021

Title IX
The U.S. Department of Education's Office for Civil Rights (OCR) enforces, among other statutes, Title IX of the Education Amendments of 1972. Title IX protects people from discrimination based on sex in education programs or activities that receive federal financial assistance. Title IX states:

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.
Scope of Title IX
Title IX applies to schools, local and state educational agencies, and other institutions that receive federal financial assistance from the Department. These recipients include approximately 17,600 local school districts, over 5,000 postsecondary institutions, and charter schools, for-profit schools, libraries, and museums. Also included are vocational rehabilitation agencies and education agencies of 50 states, the District of Columbia, and territories of the United States.

A recipient institution that receives Department funds must operate its education program or activity in a nondiscriminatory manner free of discrimination based on sex, including sexual orientation and gender identity. Some key issue areas in which recipients have Title IX obligations are: recruitment, admissions, and counseling; financial assistance; athletics; sex-based harassment, which encompasses sexual assault and other forms of sexual violence; treatment of pregnant and parenting students; treatment of LGBTQI+ students; discipline; single-sex education; and employment. Also, no recipient or other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in a proceeding under Title IX. For a recipient to retaliate in any way is considered a violation of Title IX. The Department's Title IX regulations (Volume 34, Code of Federal Regulations, Part 106) provide additional information about the forms of discrimination prohibited by Title IX.

OCR's Enforcement of Title IX

OCR vigorously enforces Title IX to ensure that institutions that receive federal financial assistance from the Department comply with the law. OCR evaluates, investigates, and resolves complaints alleging sex discrimination. OCR also conducts proactive investigations, through directed investigations or compliance reviews, to examine potential systemic violations based on sources of information other than complaints.

In addition to its enforcement activities, OCR provides information and guidance to schools, universities and other educational institutions and agencies to assist them in voluntarily complying with the law.

To learn more about filing a complaint with OCR, please visit
https://www2.ed.gov/about/offices/list/ocr/complaintintro.html. For assistance related to Title IX or other civil rights laws, please contact OCR at OCR@ed.gov or 800-421-3481, TDD 800-877-8339.

On request, this publication is available in alternate formats, such as Braille or large print. For more information, please contact the Department's Alternate Format Center at 202-260-0818 or via e-mail at alternateformatcenter@ed.gov. If you have difficulty understanding English, you may request language assistance services for Department information that is available to the public. These language assistance services are available free of charge. If you need more information about interpretation or translation services, please call 1-800-USA-LEARN (1-800- 872-5327) (TTY: 1-800-877-8339), email us at Ed.Language.Assistance@ed.gov, or write to U.S. Department of Education, Information Resource Center, 400 Maryland Ave., SW, Washington, DC 20202.

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Title IX of the Education Amendments of 1972 protects people from discrimination based on sex in education programs or activities which receive Federal financial assistance.

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Slide #8 Original Source of Law: Texas HB 25 an act relating to requiring public school students to compete in interscholastic athletic competitions based on biological sex

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Slide #8 Original Source of Law: Texas HB 25 an act relating to requiring public school students to compete in interscholastic athletic competitions based on biological sex

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Law that was just recently, that addresses the matter of transgender athletes participation in University Interscholastic League participation or the UiL which is the governing body of public education competition in Fine Arts, Academics, and Athletics. It addressed the Title IX requirements recently passed in August of 2021, and discrimination against female and transgender athletes. It also allows for transgender athletes participation in UiL athletic competition as designated by their birth certificate. The law will go into affect January of 2022.

Act of October 25, 2021, Tex. H.R. 25, 87th Leg. 3rd C.S. Chap. 33 (2021)

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Slide #9 Original Source Law: G.G. v. Gloucester County School Board

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Slide #9 Original Source Law: G.G. v. Gloucester County School Board

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The U.S. Fourth Circuit Court of Appeals ruled in favor of Gavin Grimm, who in 2014 was a student at Gloucester County (Virginia) High School. Grimm was not allow to use the boys’ restrooms and filed a lawsuit that would result in the Fourth Circuit decision, “that the term sex, in the Title IX statute refers to gender identity, not biological gender at birth, and that to restrict a student’s use of school facilities because he is transgender constitutes illegal discrimination in violation of Equal Protection principles and Title IX law.”

G.G. v. Gloucester County School Board, No. 19-1952 (2014)

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Slide #10 Local Administrative Law/Policy/Rule: Northwest ISD Title IX Information Nondiscrimination Statement

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Slide #10 Local Administrative Law/Policy/Rule: Northwest ISD Title IX Information Nondiscrimination Statement

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The Northwest ISD Policy states that the district does not discriminate on the basis of race, religion, color, national origin, gender, sex, disability, age, or any other basis prohibited by law, in providing education services, activities, and programs, including CTE programs. With regard to Title IX, the district does not and is required not to discriminate on the basis of sex in its educational programs or activities.

Northwest ISD Board Policy (2021)

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Northwest ISD Title IX Information

Nondiscrimination Statement

In its efforts to promote nondiscrimination and as required by law, Northwest ISD does not discriminate on the basis of race, religion, color, national origin, gender, sex, disability, age, or any other basis prohibited by law, in providing education services, activities, and programs, including CTE programs, and provides equal access to the Boy Scouts and other designated youth groups.

In accordance with Title IX, the district does not and is required not to discriminate on the basis of sex in its educational programs or activities. The requirement not to discriminate extends to admission and employment.

Inquiries about the application of Title IX may be referred to the district's Title IX Coordinator, to the Assistant Secretary for Civil Rights of the Department of Education, or both. Other federal laws that prohibit discrimination include Title VI, Section 504, the Age Discrimination Act, the Boy Scouts Act, and Title II.

The district has designated and authorized the following employee as the Title IX Coordinator to address concerns or inquires regarding discrimination on the basis of sex, including sexual harassment, sexual assault, dating violence, domestic violence, stalking, or gender-based harassment.

Kim Barker, Executive Director of Human Resources
2001 Texan Dr. Justin, TX 76247
PO Box 77070, Fort Worth, TX 76177
kbarker@nisdtx.org
817-215-0004

Reports can be made at any time and by any person, including during non-business hours, by mail, phone, or email. During district business hours, reports may also be made in person. Upon the district receiving notice or an allegation of sex-based harassment, the Title IX Coordinator will promptly respond in accordance with the process described at DIA(LOCAL).

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Northwest ISD Title IX Information Nondiscrimination Statement In its efforts to promote nondiscrimination and as required by law, Northwest ISD does not discriminate on the basis of race, religion, color, national origin, gender, sex, disability, age, or any other basis prohibited by law, in providing education services, activities, and programs, including CTE programs, and provides equal access to the Boy Scouts and other designated youth groups.

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Slide #11 Ethical Principle: Texas Administrative Code, Chapter 247, Standard 3.4

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Slide #11 Ethical Principle: Texas Administrative Code, Chapter 247, Standard 3.4

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Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation. (19 T.A.C. 247.2 )

It is the responsibility of the teacher to make sure that they have the students' best interest in mind. Even if the teacher may not agree with a student's choices or beliefs. Teachers are charged the responsibility to teacher and not to judge an student personal character, physical ability, gender, and/or religious beliefs.

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Enforceable Standards.
(1) Professional Ethical Conduct, Practices and Performance. (A) Standard 1.1. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution, educator preparation program, the Texas Education Agency, or the State Board for Educator Certification (SBEC) and its certification process. (B) Standard 1.2. The educator shall not intentionally, knowingly, or recklessly misappropriate, divert, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage. (C) Standard 1.3. The educator shall not submit fraudulent requests for reimbursement, expenses, or pay. (D) Standard 1.4. The educator shall not use institutional or professional privileges for personal or partisan advantage. (E) Standard 1.5. The educator shall neither accept nor offer gratuities, gifts, or favors that impair professional judgment or that are used to obtain special advantage. This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents of students, or other persons or organizations in recognition or appreciation of service. (F) Standard 1.6. The educator shall not falsify records, or direct or coerce others to do so. (G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws. (H) Standard 1.8. The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications. (I) Standard 1.9. The educator shall not make threats of violence against school district employees, school board members, students, or parents of students. (J) Standard 1.10. The educator shall be of good moral character and be worthy to instruct or supervise the youth of this state. (K) Standard 1.11. The educator shall not intentionally, knowingly, or recklessly misrepresent his or her employment history, criminal history, and/or disciplinary record when applying for subsequent employment. (L) Standard 1.12. The educator shall refrain from the illegal use, abuse, or distribution of controlled substances, prescription drugs, and toxic inhalants. (M) Standard 1.13. The educator shall not be under the influence of alcohol or consume alcoholic beverages on school property or during school activities when students are present. (2) Ethical Conduct Toward Professional Colleagues. (A) Standard 2.1. The educator shall not reveal confidential health or personnel information concerning colleagues unless disclosure serves lawful professional purposes or is required by law. (B) Standard 2.2. The educator shall not harm others by knowingly making false statements about a colleague or the school system. (C) Standard 2.3. The educator shall adhere to written local school board policies and state and federal laws regarding the hiring, evaluation, and dismissal of personnel. (D) Standard 2.4. The educator shall not interfere with a colleague's exercise of political, professional, or citizenship rights and responsibilities. (E) Standard 2.5. The educator shall not discriminate against or coerce a colleague on the basis of race, color, religion, national origin, age, gender, disability, family status, or sexual orientation. (F) Standard 2.6. The educator shall not use coercive means or promise of special treatment in order to influence professional decisions or colleagues. (G) Standard 2.7. The educator shall not retaliate against any individual who has filed a complaint with the SBEC or who provides information for a disciplinary investigation or proceeding under this chapter. (H) Standard 2.8. The educator shall not intentionally or knowingly subject a colleague to sexual harassment. (3) Ethical Conduct Toward Students. (A) Standard 3.1. The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law. (B) Standard 3.2. The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor. (C) Standard 3.3. The educator shall not intentionally, knowingly, or recklessly misrepresent facts regarding a student. (D) Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation. (E) Standard 3.5. The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor. (F) Standard 3.6. The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor. (G) Standard 3.7. The educator shall not furnish alcohol or illegal/unauthorized drugs to any person under 21 years of age unless the educator is a parent or guardian of that child or knowingly allow any person under 21 years of age unless the educator is a parent or guardian of that child to consume alcohol or illegal/unauthorized drugs in the presence of the educator. (H) Standard 3.8. The educator shall maintain appropriate professional educator-student relationships and boundaries based on a reasonably prudent educator standard. (I) Standard 3.9. The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, email, instant messaging, blogging, or other social network communication. Factors that may be considered in assessing whether the communication is inappropriate include, but are not limited to: (i) the nature, purpose, timing, and amount of the communication; (ii) the subject matter of the communication; (iii) whether the communication was made openly, or the educator attempted to conceal the communication; (iv) whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship; (v) whether the communication was sexually explicit; and (vi) whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student.

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Slide #12 Non-Law Source: Inclusive Spaces and Locker Rooms for Transgender Athletes

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Slide #12 Non-Law Source: Inclusive Spaces and Locker Rooms for Transgender Athletes

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The article discuss how the world of athletics is changing, especially with regard to transgender athletes. While federal and state governments may try to offer solutions, we must keep in mind that all athletes' mental health and general safety are important. Scholars believe it is possible to be inclusive, and it is financially possible as well (Cunningham et al., 2017).

(Cunningham et al., 2017)

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Inclusive Spaces and Locker Rooms for Transgender Athletes

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The purpose of this article is to articulate the need for a strong commitment to transgender inclusion in sport and physical activity, including in locker rooms and team spaces. The authors begin by defining key constructs and offering a theoretical overview of stigma toward transgender individuals.

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 Slide #13 Bulleted list of Recommendations / Best Practices for Compliance: Addressing Transgender Athletes wishing to compete in public education athletic competition.

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 Slide #13 Bulleted list of Recommendations / Best Practices for Compliance: Addressing Transgender Athletes wishing to compete in public education athletic competition.

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Texas Legislature has addressed the question of transgender athletes wishing to compete in public education athletic competition. Transgender athletes must participate with their birth certificate gender according to Texas HB 25.

Many organizations and groups have different view points on the question of Transgender athletes participating in with their chosen gender identity. This will essentially be a question that will have to be answered by the Supreme Court at some point.

There have already been a few federal court cases as well as statutory, and administrative laws that have tried to answer the question, but none have yet to fully do so. For that reason many believe there will be further litigation.

Our school districts and the Texas Education Administrative  and Ethical Code provide substantial guidance. It may only be enough guidance to prevent some litigation and will provide that each situation will be different moving forward, when answering this legal and ethical question. There is not a one-size fits all answer.

Many experts say that it beneficial and fiscally possible to accommodate all parties concerned, especially when trying to look out for everyone’s best interests concerning the question of transgender athletes and their participation in public education athletic competition.

Until the federal government and state governments can agree on the question of transgender athletes participation in public education athletic competiton, this will continue to a very contentious issue. This is a question of safety, security, and mental health for all parties involved. Society and our opinions are always changing and education has always met that challenge, this is no different.