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

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.

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

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

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.

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).

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.

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.

Foster a safe, accepting, and inclusive school culture.