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Professional Perspective: I was a high school math teacher for eight years, before transitioning to a homebound teacher for the same district this year. I have taught general education math as well as special education math.

Audience: This guide could be used by other school counselors and administrators.

Topic: Attorney General Opinion KP-0401 states that some gender-affirming care for trans children could be considered child abuse. On February 28, 2022, Governor Abbott directed the Department of Family and Protective Services to investigate families of trans students who consented to gender-affirming care (Gelorme, 2022).

I chose this topic because I had several students who were concerned when the Governor stated that. My students were afraid to come to school and their parents were scared to send them to school.

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ASCA ethical standards for school counselors. (2022). American School Counseling Association. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Legal-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

Gelorme, A. (2022, April 1). Texas governor categorizes transgender healthcare as "child abuse". JurisMagazine. https://sites.law.duq.edu/juris/2022/04/01/texas-governor-categorizes-transgender-healthcare-as-child-abuse/

Hurst Euless Bedford Independent School District School Board. (2022, August 8).  TASB update 119 overview.  https://go.boarddocs.com/tx/hebisd/Board.nsf/Public#

Rose, A. (2022, September 16).  Judge rules Texas must stop child abuse investigations of gender-affirming care against members of LGBTQ advocacy groups.  CNN. https://www.cnn.com/2022/09/16/us/texas-gender-affirming-care-ruling/index.html

Texas Education Code Chapter 33  §  33.006

Texas Education Code Chapter 38  §  38.351

U.S. Const. amend. l

U.S. Department of Education. (2015). Every Student Succeeds Act

Weber, A. (2022, May 24). Gender-affirming care may continue at Texas clinic while lawsuit heads to trial. NPR. https://www.npr.org/2022/05/24/1100897969/gender-affirming-care-may-continue-at-texas-clinic-while-lawsuit-heads-to-trial

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The ASCA Ethical Standards can be found here: https://www.schoolcounselor.org/About-School-Counseling/Ethical-Legal-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

The ASCA states that school counselors are to "Foster and affirm all students and their identity and psychosocial development" (ASCA, 2022). If counselors do not support students and their individuality and their choice to choose what gender they are, then we are not upholding this standard.

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ASCA position on transgender and nonbinary youth

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ASCA position on transgender and nonbinary youth

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

This is a link to the position statement that ASCA has for school counselors on transgender students and nonbinary youth. In summary, this states that a school counselor needs to encourage a safe environment for all students regardless of their gender identity or gender expression.

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(Adopted 2016, revised 2022)

ASCA Position

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

The Rationale

School counselors are committed to all students' academic, career and social/emotional development, regardless of gender identity, gender expression and gender attribution (GLSEN, 2022b). Transgender and nonbinary students and their families face increased risks as well as unique circumstances that often require additional support and recommendations to help ensure these students receive the same educational opportunities as their peers (Kosciw et al., 2020). Research shows 83.3% of transgender and 68.7% of nonbinary youth reported being victimized at school due to their gender (Kosciw et al., 2020),

The adverse health and educational consequences for transgender and nonbinary students are even greater than those for lesbian, gay and bisexual students. Students with supportive adults in their building are less likely to feel unsafe or to miss school and more likely to have higher GPAs, to pursue postsecondary education and to feel a higher sense of belonging in school (GLSEN 2022c). School counselors recognize the overall goal is to ensure the safety, comfort and healthy development of all students, maximizing inclusion and social integration while minimizing exclusion and stigmatization.

The School Counselor's Role

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

Each student's unique situation should be addressed on a case-by-case basis, using a student-centered approach that includes ongoing student and parent/guardian engagement (as appropriate) and school personnel with a legitimate educational interest per the Family Education Rights and Privacy Act (FERPA). Title IX guidance and legal briefs issued by the Office of Civil Rights (OCR) have defined fair and equal treatment for transgender and nonbinary students in relation to student names and pronouns, student records, privacy, restrooms, student safety and dress codes (OCR, 2021). School counselors promote the use of best practices to inform their support of transgender and nonbinary students, such as the following recommendations offered by the National Center for Transgender Equality (2021):

Names and pronouns: School staff should address students by their chosen/affirmed name and pronouns corresponding to their gender identity, regardless of whether there has been a legal name change.

Student records: Schools should make every effort to use students' chosen/affirmed names on student records, even if a legal name change has not been made. This includes making changes in the school's student information system, so the affirmed name is the one that appears on most printed unofficial materials (e.g., rosters, diplomas, student IDs, yearbooks, school newspapers, etc.) while the legal name is kept in a segregated, confidential file. If students have not disclosed their gender identity to a parent or guardian and as a result their name and/or gender marker cannot be changed on their student records, their chosen/affirmed name should be noted as a "preferred name" in the system͘. This affirmed name should be used by staff and peers, according to the transgender or nonbinary student's wishes. Attendance rosters and ID cards should reflect the student's wishes regarding name and/or gender marker/pronouns, regardless of recorded name and gender on student records. The legal name should be used only where specifically required. Districts and schools should determine which uses require the legal name, including whether it is required for specific testing or reporting purposes (GLSEN & NCTE, 2020).

Privacy and confidentiality regarding disclosures: Transgender and nonbinary students have a FERPA-protected right to privacy; this extends to students' gender identity, birth name, sex assigned at birth and medical history. Schools must make every effort to only reveal information about students' gender identity when others have a legitimate educational purpose, which does not include mitigating possible discomfort of others. This right to privacy and prohibition of disclosing students' gender identity extends to students' parents/guardians, with whom schools should work collaboratively, directed by students' comfort about what and with whom to share their confidential information.

Restrooms and locker rooms: Students have the right to use restrooms and locker rooms matching their gender identity. Schools should work with transgender and nonbinary students to ensure they feel safe and can use the selected facilities with dignity. Upon request from any student requesting additional privacy, schools should provide alternatives such as single-user bathrooms and curtains or stalls in changing areas.

Dress code: Schools have the right to implement a dress code as long as it does not discriminate against students based on gender identity, including by prohibiting some students from wearing attire that is approved for use by other students. Students have the right to express their gender while complying with the dress code, and the dress code must be equally enforced among transgender, gender nonbinary and their cisgender peers.

GLSEN offers additional guidance (2022a):

Physical education classes and intramural sports: Students should be allowed to participate in physical education classes and intramural sports aligned with their gender identity.

Interscholastic sports: Students should be allowed to participate in interscholastic sports aligned with their gender identity.

Gender-based activities or practices: Gender-based programs in school districts should be evaluated to ensure they are offered with students' best interests in mind and have a clear, educational purpose. Students should be allowed to participate in these programs in accordance with their gender identity. Policies regarding overnight accommodations should be made well in advance to ensure solutions are developed that are respectful, inclusive and allow for transgender and nonbinary youth to fully participate with no additional burdens compared with their cisgender peers.

Summary

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

References

GLSEN & NCTE (2020). Model local education agency policy on transgender and nonbinary students. Retrieved from: https://www.glsen.org/activity/model-local-education-agency-policy-on-transgender-nonbinary-students

GLSEN. (2022a). Changing the game: Game plan for administrators and athletic directors. Retrieved from https://www.glsen.org/changing-the-game

GLSEN. (2022b). Gender triangle education guide. Retrieved from https://www.glsen.org/sites/default/files/2019-11/GLSEN-Gender-Triangle-Education-Guide.pdf

GLSEN. (2022c). Improving school climate for transgender and nonbinary youth. Retrieved from: https://www.glsen.org/research/improving-school-climate-transgender-and-nonbinary-youth.

Kosciw, J. G., Clark, C. M., Truong, N. L., & Zongrone, A. D. (2020). The 2019 National School Climate Survey: The experiences of lesbian, gay, bisexual, transgender, and queer youth in our nation's schools. New York: GLSEN.

National Center for Transgender Equality (NCTE) (2021). Fact sheet on U.S. Department of Education policy letter on transgender students. Retrieved from http://www.transequality.org/sites/default/files/ED-DCL-Fact-Sheet.pdf

US Department of Education, Office for Civil Rights (OCR) (2021). 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. Retrieved from https://www2.ed.gov/about/offices/list/ocr/docs/202106-titleix-noi.pdf

Resources
https://www2.ed.gov/about/offices/list/ocr/docs/ocr-factsheet-tix-202106.pdf

https://www2.ed.gov/about/offices/list/ocr/docs/ed-factsheet-transgender-202106.pdf

https://safesupportivelearning.ed.gov/events/webinar/lessons-field-supporting-transgender-nonbinary-students-k-12-schools

https://www.glsen.org/essa-implementation

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The School Counselor and Transgender and Nonbinary Youth

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(Adopted 2016, revised 2022) School counselors work to safeguard the well-being of transgender and nonbinary youth. School counselors recognize all students have the right to be treated equally and fairly, with dignity and respect as unique individuals, free from discrimination, harassment and bullying based on their gender identity and gender expression.

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1) Why the legal guide topic is important to school counselors

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1) Why the legal guide topic is important to school counselors

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According to Jenai Alvarez, who was a school counselor at my high school and is now a graduation coach at a school district close to where I work, the issue of transgender students has created issues for students and teachers. Teachers came to the counselors asking what the school district's policy was going to be and if we, as teachers, needed to report transgender students. There were many students who were also scared to come to school that were already in the process of transitioning. This opinion and directive from the governor goes against the ASCA school counselor standard that we are to create a safe space for all students. (J. Alvarez, personal communication, September 17, 2022).

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2) Three Best Practices Related to the Topic

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2) Three Best Practices Related to the Topic

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- Discuss with administration what the school district's stance on the issue is. Get a clear response on expectations of the school district of when and if you will be required to report.

- Provide students with a safe space to discuss issues and feelings, whether it is in your office or with an out-of-district person or group.

- Discuss with students and families different groups that they can become members of that will protect them against child abuse accusations.
(J. Alvarez, personal communication, September 17, 2022)

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3) An area emerging issue related to your topic that educators should watch to see how it plays out and impacts your work

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3) An area emerging issue related to your topic that educators should watch to see how it plays out and impacts your work

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Jenai stated that the issue of reporting transgender students goes against the ethical standards set forth by the ASCA. As counselors, we are supposed to protect all students regardless of their gender identity. If this becomes a law that school districts will have to enforce, transgender students will not feel safe at school and not go. Or, they will hide their true self and not talk to adults for fear of being reported. This will affect the mental health of transgender students and their families ( J. Alvarez, personal communication, September 17, 2022).

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Jenai Alvarez, Graduation Coach, Richland High School
https://www.birdvilleschools.net/Page/67244

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Alvarez, Jenai ( Graduation Coach) / Overview

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BISD affirms its commitment to ensure that people with disabilities have an equal opportunity to access online information and functionality. For assistance accessing any online information or functionality that is currently inaccessible, contact Michelle DoPorto, District Webmaster, 817-547-5799, m…

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https://www.cnn.com/2022/09/16/us/texas-gender-affirming-care-ruling/index.html

This article states that the state of Texas cannot pursue child abuse allegations against families if they belong to PFLAG, which is a group that is a plaintiff in a lawsuit against the state of Texas (Rose, 2022).

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A district judge in Austin has ordered that the state of Texas cannot pursue child abuse investigations against parents providing gender-affirming care to their children if those families are members of the advocacy group PFLAG.

The group is one of the plaintiffs against the state, challenging Gov. Greg Abbott's order which states medical treatment of transgender minors - including puberty blockers and hormone therapy - should be investigated as child abuse.

"There is a substantial likelihood that Plaintiffs will prevail after a trial on the merits," wrote Travis County District Judge Amy Clark Meachum, who had previously granted a similar injunction against investigations by the Department of Family and Protective Services of two individual families who had filed suit.

Friday's order broadens the protection to include any Texas family that is a member of PFLAG.

"Today, families of transgender kids in Texas who are members of PFLAG National find shelter from Gov. Abbott's unjust order," Brian K. Bond, Executive Director of PFLAG National, said in a written statement.

The Texas Attorney General's Office did not immediately respond to a request for comment from CNN.

The same judge issued an order earlier this year blocking state child abuse investigations regarding gender-affirming care for any minor statewide. However, the Texas Supreme Court ruled in May the order was too broad and should only apply to plaintiffs with legal action pending against the state.

Gender-affirming care is medically necessary, evidence-based care that uses multiple approaches to help a person transition from their assigned gender - the one that corresponds with the sex the person was designated at birth - to the gender by which they want to be known.

Major medical associations have agreed gender-affirming care is clinically appropriate for children and adults with gender dysphoria, which according to the American Psychiatric Association is psychological distress that may result when a person's gender identity and sex assigned at birth do not align.

Friday's ruling comes about two weeks after 16 current and former employees of the Texas Department of Family and Protective Services, along with the Texas State Employees Union, filed a friend of the court brief with the state's Third District Court of Appeals. The brief urges the appeals court to affirm the lower court's decision temporarily barring enforcement of the policy, despite the appeal brought by family services. The Court of Appeals has not yet set a date for oral arguments in the case.

The brief also says a string of departures has the agency on the "brink of collapse."

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Judge rules Texas must stop child abuse investigations of gender-affirming care against members of LGBTQ advocacy group | CNN

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A district judge in Austin has ordered that the state of Texas cannot pursue child abuse investigations against parents providing gender-affirming care to their children if those families are members of the advocacy group PFLAG. The group is one of the plaintiffs against the state, challenging Gov.

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https://www.npr.org/2022/05/24/1100897969/gender-affirming-care-may-continue-at-texas-clinic-while-lawsuit-heads-to-trial

This is a transcript of a radio show that discusses gender-affirming care. On this radio show, it is discussed that a court ruled that children can still receive gender-affirming care while the families are apart of a lawsuit. However, it is brought to light that there are families who are going to other states to receive care. Some families are crossing state borders to receive care because they are scared for the safety of their child and themselves (Weber, 2022).

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A court ruling says trans youth in Texas may seek gender affirming care at a Dallas clinic, while a lawsuit makes its way to trial. But some families are crossing state lines to get treatment.

LEILA FADEL, HOST:

Trans youth in Texas can continue to seek gender-affirming care at a major clinic in Dallas, at least for now. A court ruling yesterday allows the clinic to care for current patients and take new ones while a lawsuit makes its way to trial. Statewide gender-affirming treatment was called into question after Texas leadership branded it child abuse. From member station KUT in Austin, Andrew Weber reports on one family that's crossed state lines to get their son treatment.

ANDREW WEBER, BYLINE: Kari calls herself a mama bear. It's a term moms of trans kids have adopted because they have to fight to protect their children. We're withholding Kari's last name because the care she provides for her teenage son has been classified as child abuse, and she fears she'll be investigated. When her son came out as trans at 14, she looked into treatment.

KARI: You know, my son was like, this is what I want.

WEBER: She got him testosterone shots. Next, he wanted chest masculinization surgery, telling her...

KARI: I know exactly where I want my nipples to be. I just - I know everything. Like, I just need somebody to do the surgery. And the surgeon was like, all right, we'll do it.

WEBER: Kari made an appointment last August. Days later, the state legislature took up a bill to ban gender-affirming care. The doctor canceled. In February, she rescheduled. But at the last minute, that doctor said...

KARI: The hospital is refusing to allow the surgery to proceed because your son is transgender and youth. He's a trans youth.

WEBER: They were devastated. Again, bad timing, Kari says. Governor Greg Abbott and Attorney General Ken Paxton had just directed Child Protective Services, or CPS, to investigate families seeking gender-affirming care for minors and doctors for providing it. It's left Texas families scrambling.

Last month, Kari was referred to a New Orleans clinic. The trip cost more than the surgery, but Kari says it was worth it.

KARI: He's so much more himself and who he has always been because of this, because this surgeon stepped in and helped us.

WEBER: Her son continues to get testosterone shots in Texas and that means her family is still at risk.

Earlier this month, the Texas Supreme Court said CPS investigations could proceed. Randa Mulanax resigned from CPS because of all of this. She says it's a slippery slope. Lots of medical treatments for kids have complicated side effects, but they're still necessary.

RANDA MULANAX: Because chemotherapy can cause irreparable damage to children and their reproductive organs, depending on what kind of cancer they have.

WEBER: She says families and doctors usually make those decisions. Mulanax calls the state intervention political.

MULANAX: It's a dangerous territory, I think, for the government to be trampling on.

WEBER: Gender-affirming health care is approved by major medical associations, and doctors and families say it's lifesaving, which is why the GENECIS Clinic in Dallas is currently in litigation. The clinic's lead doctor, Ximena Lopez, says she was forced to shut down because the governor pressured her bosses. A court order temporarily allowed GENECIS to reopen earlier this month. Yesterday, a judge extended it. Attorney Charla Aldous represents Lopez and says scores of new patients have sought care in the last few weeks.

CHARLA ALDOUS: Many of them are suicidal because they've been waiting to get in, and it's been delayed treatment.

WEBER: Aldous says patients feel the weight of the investigations, too.

ALDOUS: And they're afraid because of the CPS investigation. It has really, really traumatized families that have already been marginalized.

WEBER: While the decision on GENECIS is good news for trans families, gender-affirming care in Texas is still precarious. Parents throughout the state remain unsure if they'll be able to get the care their kids need.

Back in Austin, Kari expects families will continue to go the distance.

KARI: I can guarantee you that a parent of a transgender kid is not going to just sit here and go, well, sorry, honey, you don't get your hormones anymore. So sorry, the governor said no. We're not those kind of parents. We're fighters.

WEBER: Kari says one thing you shouldn't do in Texas is poke a mama bear.

For NPR News in Austin, I'm Andrew Weber.

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Gender-affirming care may continue at Texas clinic while lawsuit heads to trial

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A court ruling says trans youth in Texas may seek gender affirming care at a Dallas clinic, while a lawsuit makes its way to trial. But some families are crossing state lines to get treatment. LEILA FADEL, HOST: Trans youth in Texas can continue to seek gender-affirming care at a major clinic in Dallas, at least for now.

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https://go.boarddocs.com/tx/hebisd/Board.nsf/Public#

The only policy that HEB ISD has on transgender students is that they are not permitted to participate in sports other than that of their biological sex at birth. The school district did not clarify to their teachers what position they are to take in reporting child abuse. The teachers were under guidance from campus administration that until the district made a clear policy teachers were not to report child abuse for transgender students.

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Hurst-Euless-Bedford ISD - Empowering today to excel tomorrow.

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1. As a counselor, I need to be able to create a safe environment for students, regardless if I agree with their beliefs or not. Students need to know that they can come to the counseling office and be heard instead of judged for their actions or beliefs. This is part of the ethical standards that counselors are to adhere to.

2. Part of my educational goal is to be able to help as many students as possible. I want to create a safe environment for students to come and talk through issues they are having and for them to know that they have an adult in their corner to support them. I wanted to make a bigger impact than that of a teacher, I wanted to be able to help more students than those in my class.

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1. Clarify with administration on policies related to transgender students.

2. Always be supportive of students. Your office needs to be a safe space for students.

3. Stay up-to-date on laws and policies regarding transgender students.

4. Use risk assessment procedures when talking with students who are part of the LGTBQ+ community. Students who are part of the LGTBQ+ community are at a higher risk of mental health issues and suicidal thoughts.

5. Always keep open communication between yourself, parents, administrators and students.

6. Let students know that what they say is confidential and cannot be shared unless they are going to harm themselves or others, or if the student reports neglect or abuse of any kind.

7. Make sure to check-in on LGTBQ+ students more often to make sure they are doing ok and are not experiencing any bullying from others.

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https://www.congress.gov/bill/93rd-congress/house-bill/40

The Equal Education Opportunities Act of 1972  (20 U.S.C. §1701) states that all children are entitled to equal education opportunities regardless of race, color, sex, or national origin. This includes sexual preference and gender identification.

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H.R.40 - 93rd Congress (1973-1974): Equal Educational Opportunities Act

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Equal Educational Opportunities Act - Declares it to be the policy of the United States that all children enrolled in public schools are entitled to equal educational opportunity without regard to race, color, sex, or national origin; and that the neighborhood is the appropriate basis for determining public school assignments.

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https://texas.public.law/statutes/tex._educ._code_section_38.351

In Sec. 38.351, subsection c of the Texas Education Code (TEC) it states that schools are to provide positive school climates, positive youth development, and a safe, supportive and positive school climate. If students do not feel safe at school because of their sexual preference/orientation, we would not be upholding the TEC.

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Texas Education Code Section 38.351 - Mental Health Promotion and Intervention, Substance Abuse Prevention and Intervention, and Suicide Prevention - 2019 Texas Statutes - Texas Statutes

# data[].attributes.attachment_link.description
Title 2, Public Education; Subtitle G, Safe Schools; Chapter 38, Health and Safety; Section 38.351, Mental Health Promotion and Intervention, Substance Abuse Prevention and Intervention, and Suicide Prevention. Refreshed: 2020-09-20

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https://constitution.congress.gov/constitution/amendment-1/

The first amendment to the constitution provides protections for assembling and freedom of speech. Students have the right to be able to express themselves (U.S. Const. amend. l).

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https://texas.public.law/statutes/tex._educ._code_section_33.006

The TEC states that counselors need to address the special needs of students who are at risk of dropping out, becoming substance abusers, or committing suicide. Transgender students fall under each of those categories. As counselors, we need to keep an eye on those students in particular to make sure they do not wander down one of those paths.

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Texas Education Code Section 33.006 - School Counselors; General Duties - 2017 Texas Statutes - Texas Statutes

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Title 2, Public Education; Subtitle F, Curriculum, Programs, and Services; Chapter 33, Service Programs and Extracurricular Activities; Section 33.006, School Counselors; General Duties. Refreshed: 2019-07-18

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https://www.ed.gov/essa?src%3Drn

The Every Student Succeeds Act of 2015 grants all students the right to a fair, equitable and high quality education. This includes transgender students

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The Every Student Succeeds Act (ESSA) was signed by President Obama on December 10, 2015, and represents good news for our nation's schools. This bipartisan measure reauthorizes the 50-year-old Elementary and Secondary Education Act (ESEA), the nation's national education law and longstanding commitment to equal opportunity for all students.

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https://texas.public.law/statutes/tex._educ._code_section_37.001

Texas Education Code 37.001 states that school must have a student code of conduct that includes information on bullying and harassment. This is important as many transgender youth are a victim of bullying and harassment by peers. It is important that schools have an outlet for these students and clubs and organizations they can join to make friends and have a bigger support system on campus.

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Texas Education Code Section 37.001 - Student Code of Conduct

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Statutes Title 2, Public Education; Subtitle G, Safe Schools; Chapter 37, Discipline; Law and Order; Section 37.001, Student Code of Conduct. Refreshed: 2021-06-07

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https://www.aclu.org/cases/grimm-v-gloucester-county-school-board

Grimm v. Gloucester County School Board is a court case that upheld the lower courts decisions of transgender students being allowed to use the bathroom of the gender they identify with. In this case, Grimm, a student who identifies as a male, was banned from using the men's restroom at their school. They sued the school district and won. The ruling was appealed all the way to the supreme court, which upheld the ruling of the lower courts, which was that of students being able to use the bathroom of the gender they identify with.

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When Gavin Grimm came out to his school as a boy who is transgender, his school board adopted a discriminatory new prohibiting boys and girls "with gender identity issues" from using the same common restrooms as other boys and girls. The new policy directed Gavin to an "alternative appropriate private facility" instead. Throughout the rest of high school, Gavin was forced to use separate restrooms that no other student was required to use. That degrading and stigmatizing policy singled Gavin out as unfit to use the same restrooms as every other student. The Board continued to exclude Gavin even after he began receiving hormone therapy (which altered his bone and muscle structure, deepened his voice, and caused him to grow facial hair), obtained a Virginia state I.D. card listing his sex as male, underwent chest reconstruction surgery, obtained a court order legally changing his sex to male under Virginia law, and received a new Virginia birth certificate reflecting that his sex is male.

Even after graduation, the school Board continued discriminating against Gavin by refusing to provide him with a transcript that matches the "male" sex designation on his birth certificate. As a result, whenever Gavin was required to provide a transcript to colleges or potential employers, he had to provide a transcript that identified him as "female."

Represented by the ACLU and ACLU of Virginia, Gavin sued his school board for discriminating against him in violation of the Equal Protection Clause and Title IX of the U.S. Education Amendments of 1972, a federal law prohibiting sex discrimination by schools. After four years of litigation-including a trip to the Supreme Court and back- the U.S. District Court for the Eastern District of Virginia ruled in favor of Gavin on all his claims. The U.S. Court of Appeals for the Fourth Circuit affirmed the ruling in favor of Gavin on August 26, 2020.
Update: On June 28, 2021, the Supreme Court denied the school board's petition for a writ of certiorari. Gavin's testimony at a Gloucester County School Board Meeting Deirdre Grimm's testimony at a Gloucester County School Board Meeting

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Grimm v. Gloucester County School Board | American Civil Liberties Union

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Gavin Grimm sued his school board for excluding him the restrooms any other boy in his school would use - simply because he is transgender.

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https://www.nbcnews.com/feature/nbc-out/texas-judge-hears-case-transgender-child-abuse-investigations-n1291628

Texas judge stops the child abuse investigations against families of transgender children. This is a temporary measure until a final verdict in the case is reached. The reports of abuse are able to be continued but the Department of Family Services cannot investigate those reports. The Judge also protects those families who are members of PFLAG.