https://padlet.com/mwilson581/jrtrzyyhylv4 en-us 2019-07-11 18:36:36 UTC 2023-02-23 14:52:15 UTC hello@padlet.com https://imgglb.padletcdn.com/v13/image?t=g_auto&url=https%3A%2F%2Fpadlet.net%2Ficons%2Fpng%2F1f58a.png mwilson581 https://padlet.com/mwilson581/jrtrzyyhylv4/wish/370894479 My legal guide to preserving the rights of transgender students is coming from the perspective of a lead junior high school counselor. The audience for this guide is geared towards counselors, teachers, and other staff members on my campus. The purpose of this presentation is to inform all staff members of the rights that transgender students are entitled to while on our campus. I chose this topic for my presentation because the issue is an emerging situation that our staff has faced over the last two years on our campus. There have been many questions and concerns from staff members about restroom usage and other rights of transgender students at York Junior High.]]> 2019-07-11 18:39:13 UTC https://padlet.com/mwilson581/jrtrzyyhylv4/wish/370894479 mwilson581 https://padlet.com/mwilson581/jrtrzyyhylv4/wish/370894523 I spoke with a veteran counselor in Conroe ISD, Mrs. Carol Ann West about the rights of transgender students in our school district.  Mrs. West has over 20 years experience as a counselor and currently serves as a lead counselor within the district.

Why is preserving the rights of transgender students important at the junior high level?
In our interview, Mrs. West explained that there has been an influx in the amount of students that identify as transgender in our district.  In the last two years, there have been at least six students on her campus that have identified as transgender.  These students have struggled with being bullied, using preferred restroom facilities, and many other issues.  This issue is important for staff to realize that there are current laws in place; and, there are also proposed laws that can impact these students.  She stressed the importance of keeping up with these laws so that the staff and the campus as a whole are not liable if these laws are not followed.

Best Practices
Mrs. West recommended best practices for staff members to follow when a transgender student is enrolled on our campus:

1) Contact the parent to best accommodate the student.  Mrs. West explained that this should be the first priority of a counselor when a student identifies themselves as transgender.  The parent will, in most cases, express ideal solutions to problems that may arise at school. She stated that this is a proactive approach to help solve issues before they happen.
2)  Teachers and staff members that are in direct contact with the  should be informed when a student identifies as a transgender student.  This is another proactive approach that Mrs. West suggested.  Teachers have an obligation to protect all students, especially students that are at a higher risk of facing bullying or other problems. 
3) All staff members should stay up to date on local district policy and other state and federal laws.  This will help reduce liability as a whole.

Emerging Issues
Mrs. West explained that the biggest issue that transgender students face deals with preferred restroom and locker room usage.  This issue is controversial and the laws are constantly changing.  Mrs. West stressed that if a transgender student desires to use a restroom or locker room of their chosen identity, the school must immediately contact district office.  This allows the school district to be informed of potential problems that may arise from community members.  Fortunately there have been no major problems with transgender restroom usage, but it is always important to stay ahead of potential problems.

Citation:
(C. West, personal communication, July 2, 2019)]]> 2019-07-11 18:39:51 UTC https://padlet.com/mwilson581/jrtrzyyhylv4/wish/370894523 mwilson581 https://padlet.com/mwilson581/jrtrzyyhylv4/wish/370894584 The American School Counselor's Association published a blog post concerning transgender students support.  In this blog post, the association states that creating a welcoming environment for transgender students should be considered a best practice for all schools.  The article gives multiple methods to ensure that a school environment is welcoming, such as: using preferred pronouns, reducing bullying, and adhering to policies.

This resource is helpful because it provides methods to help support transgender students.

Citation:
American School Counselor Association (ASCA), (2016, May 1). Transgender student support [Blog post]. Retrieved from https://www.schoolcounselor.org/magazine/blogs/may-june-2016/transgender-student-support]]> 2019-07-11 18:40:19 UTC https://padlet.com/mwilson581/jrtrzyyhylv4/wish/370894584 mwilson581 https://padlet.com/mwilson581/jrtrzyyhylv4/wish/370894644 This article from Education Week highlights the fact that transgender students are experiencing elevated levels of bullying, harassment, and assault on campuses across the nation.  A recent study from the Gay, Lesbian, & Straight Education Network (GLSEN) surveyed students that identified as lesbian, gay, bisexual, transgender, or questioning (LGBTQ) from all 50 states and found that over 80% of these students were victims of bullying or harassment in 2017.  In addition, more than 40% of these students felt unsafe and avoided the use of bathrooms and locker rooms while at school.

This article should serve as affirmation that transgender students' rights should be better protected.

Citation:
Mitchell, C. (2018, October 15). Hostility toward LGBTQ students may be rising in schools, survey finds,  Education Week. Retrieved from http://blogs.edweek.org/edweek/rulesforengagement/2018/10/lgbt_students_may_be_facing_more_hostile_school_environments_report_finds.html]]> 2019-07-11 18:41:07 UTC https://padlet.com/mwilson581/jrtrzyyhylv4/wish/370894644 mwilson581 https://padlet.com/mwilson581/jrtrzyyhylv4/wish/370894665 According to a news article from Education Dive, President Trump and his office are seeking to eliminate protections for transgender students in schools.  The article states that the previous Obama administration defined Title IX policies regarding sex as gender identity.  President Trump is now defining sex as determined by birth.  Trump has already rescinded Obama's guidance on allowing transgender students to use the restroom of their choice. 

This article is important to the topic of preserving transgender student rights because the laws and guidance are constantly changing.  It is important for educators to stay up to date on this issue. 

Citation:
Campisi, J. (2018, November 6). Trump is scrapping Obama ed groundwork one policy at a time - and there's likely more to come. Education Dive. Retrieved from https://www.educationdive.com/news/trump-is-scrapping-obama-ed-groundwork-one-policy-at-a-time-and-theres-l/541299/]]> 2019-07-11 18:41:25 UTC https://padlet.com/mwilson581/jrtrzyyhylv4/wish/370894665 mwilson581 https://padlet.com/mwilson581/jrtrzyyhylv4/wish/370894732 The first amendment awards all Americans with the right to freedom of speech. Federal district courts have cited the first amendment’s right to free speech as a basis to support many transgender students’ rights. These rights include the right to wear clothing of the opposite sex, the right to create student organizations (if non transgender clubs exist), and the right to be referred to by a preferred pronoun (he/him or she/her). The fundamental right of speech must be maintained by all schools and their employees for every student, including transgender students. 

Citation: 
 U.S. Const. amend. I ]]> 2019-07-11 18:41:55 UTC https://padlet.com/mwilson581/jrtrzyyhylv4/wish/370894732 mwilson581 https://padlet.com/mwilson581/jrtrzyyhylv4/wish/370894738 This federal statutory law, referred to as Title IX, bans discrimination in schools based on sexual orientation, including students that identify as transgender. This means that a transgender student has the right to the same quality education that their straight peers receive. Under Title IX, schools can lose federal funding if they do not provide protections against discrimination based on sexual orientation. Recently, the United States Department of Education has proposed changes to Title IX that will eliminate the protections of transgender students; however, these changes have not been made official. As a result, schools must still provide protection for these students.

Citation: 
 Education Amendments Act of 1972, 20 USC § 1681 ]]> 2019-07-11 18:42:01 UTC https://padlet.com/mwilson581/jrtrzyyhylv4/wish/370894738 mwilson581 https://padlet.com/mwilson581/jrtrzyyhylv4/wish/370894750  This court case took place in Wisconsin and was upheld by a federal court of appeals. In this case, Ashton Whitaker was born a girl but identified as a male. Whitaker sued the school district for violating his Title IX protections based on gender identity. According to Whitaker, he was not allowed to use the boy’s restroom and was referred to as she or her in front of other students. The school also refused to let Whitaker run for prom king. Both the lower court and the appeals court ruled in favor of Whitaker, citing protections under Title IX. As a result, Whitaker was allowed to use the boy’s restroom. This landmark case has provided transgender students with a basis to use the restroom and locker room facilities based on their gender identity. 

Citation: 
 Whitaker v. Kenosha Unified School District, No. 16-3522 (7th Cir. 2017) ]]> 2019-07-11 18:42:06 UTC https://padlet.com/mwilson581/jrtrzyyhylv4/wish/370894750 mwilson581 https://padlet.com/mwilson581/jrtrzyyhylv4/wish/370894756 In 2010, the Department of Education published a set of regulations that include providing comparable locker room, shower, and restroom facilities based on sex.  The regulation does not define sex as male or female, nor does it exclude transgender identities.  President Obama issued a Dear Colleague Letter that clarified gender as an identity (Dear Colleague Letter, 2016), however; President trump rescinded this recommendation in his administration's letter (Dear Colleague Letter, 2017).  As a result of these differing statements from presidents, the law is clearly undefined when it comes to transgender students. 

Citations:
Battle, S. & Wheeler, T.E. (2017, February 22). Dear Colleague Letter. Washington, DC: U.S. Departments of Justice and Education, Offices for Civil Rights. Retrieved from https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201702-title-ix.pdf

Comparable Facilities, 34 C.F.R. § 106.33

Lahmon, C.E. & Gupta V. (2016, May 13). Dear Colleague Letter. Washington, DC: U.S. Departments of Justice and Education, Offices for Civil Rights. Retrieved from https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf

]]> 2019-07-11 18:42:10 UTC https://padlet.com/mwilson581/jrtrzyyhylv4/wish/370894756 mwilson581 https://padlet.com/mwilson581/jrtrzyyhylv4/wish/370894801 The handbook for Conroe ISD outlines the district policy for harassment of students based on gender or sex. According to the handbook, prohibited harassment includes doing things that affects a student’s participation in an educational program or activity, interfering with a student’s academic performance, creating adverse obstacles in educational opportunities, intimidating, threatening, or creating a hostile environment. This policy also prohibits discrimination and retaliation to students with punishments that include termination of employment. Based on interpretations, it is important to realize that the local administrative law also provides protections for transgender students. 

Citation:
Conroe Independent School District. (May 2018). Employee Handbook, Harassment of Students. 

]]> 2019-07-11 18:42:43 UTC https://padlet.com/mwilson581/jrtrzyyhylv4/wish/370894801 mwilson581 https://padlet.com/mwilson581/jrtrzyyhylv4/wish/370894814 Standard A.1.f
"Respect students’ and families’ values, beliefs, sexual orientation, gender identification/expression and cultural background and exercise great care to avoid imposing personal beliefs or values rooted in one’s religion, culture or ethnicity." (American School Counselor Assocaition (ASCA), 2016, p.1)

A counselor must set aside personal beliefs regarding the topic of transgender identity.  In addition, it is a counselor's responsibility to educate staff members on the rights of transgender students.  

Citation:
American School Counselor Association. (2016). Ethical standards for school counselors. Alexandria, VA: Author. Retrieved from  https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf]]> 2019-07-11 18:42:52 UTC https://padlet.com/mwilson581/jrtrzyyhylv4/wish/370894814 mwilson581 https://padlet.com/mwilson581/jrtrzyyhylv4/wish/370894829 This guide from the Human Rights Campaign (hrc.org) outlines topics for districts, schools, and teachers regarding transgender students.  This resource provides tips for navigating through controversial issues like using preferred pronouns, confidentiality, restroom and locker room access, sport participation, and bullying prevention.  In addition, the guide gives suggestions when working with parents who are unsupportive.  

Citation:
Orr, A., & Baum, J. (2015). Schools in transition: A guide for supporting transgender students in K–12 school [Pdf file]. Retrieved from https://assets2.hrc.org/files/assets/resources/Schools-In-Transition.pdf?_ga=2.186192681.1451364342.1563558750-251309131.1563558750]]> 2019-07-11 18:43:00 UTC https://padlet.com/mwilson581/jrtrzyyhylv4/wish/370894829 mwilson581 https://padlet.com/mwilson581/jrtrzyyhylv4/wish/370894841 To ensure that the rights of transgender students are being protected, Mark Wilson and the YJHS Counseling Center recommends the following best practices:  

• Be Proactive.  Don't be afraid to conference with the student or parent if you are the teacher of record, counselor, or administrator.  Communicate that you are here to provide the safest and best quality education.  Ask the student or parent if there are any concerns, requests, or issues that you can help with. 

• Keep Confidentiality Standards.  Stay in FERPA compliance when dealing with transgender students.  Do not discuss or release any personal identifiable information to anyone.

• Do not tolerate bullying.  Do not be a bystander that does nothing.  A teacher has an obligation to prevent bullying to all students, transgender students included.  

• Raise Awareness.  All teachers, counselors, administrators, and staff have an obligation to raise awareness of student's rights, including transgender rights.  

• Adhere to the Dress Code Policy.  York JHS has adopted a dress code policy that gives students the right to dress in a manner consistent to their gender identity.  Keep in mind that no vulgar or indecent attire is allowed regardless of gender.  

• Use a student's preferred pronoun.  For example, if a transgender student identifies as him/he, then refer to them as him/he when using pronouns. 

• Allow Equal Restroom Access.  Supreme Court laws have decided that students are allowed to use the restroom of thier choice.  However, please notify a counselor or administrator if you notice a male entering a female restroom or a female entering a male restroom.  

• Stay current on legal changes.  The topic of transgender rights is constantly changing.  It is important that you stay aware of changing laws and policies on the local, state, and federal levels. 

]]> 2019-07-11 18:43:07 UTC https://padlet.com/mwilson581/jrtrzyyhylv4/wish/370894841