Examples of Policies and Emerging Practices For Supporting Transgender Students
Examples of Policies and Emerging Practices For Supporting Transgender Students
Ann Whalen
Senior Advisor to the Secretary, Delegated the Duties of the Assistant Secretary, Office of Elementary and
Secondary Education
David Esquith
Director, Office of Safe and Healthy Students
May 2016
This resource is in the public domain. Authorization to reproduce it in whole or in part is granted. The guides
citation should be:
U.S. Department of Education, Office of Elementary and Secondary Education, Office of Safe and Healthy Students,
Examples of Policies and Emerging Practices for Supporting Transgender Students (May 2016).
This guide is also available on the Office of Safe and Healthy Students website at
www.ed.gov/oese/oshs/emergingpractices.pdf. Any updates to this guide will be available at this website.
If you need technical assistance, please contact the Office of Safe and Healthy Students at:
OESE.Info.SupportingTransgenderStudents@ed.gov
EDs Office for Civil Rights and the U.S. Department of Justices Civil Rights Division
jointly issued a Dear Colleague Letter (DCL) about transgender students rights and
schools legal obligations under Title IX of the Education Amendments of 1972.1 Any
school that has questions related to transgender students or wants to be prepared to
address such issues if they arise should review the DCL.
EDs Office of Elementary and Secondary Education compiled the attached examples of
policies2 and emerging practices3 that some schools are already using to support
transgender students. We share some common questions on topics such as school
records, privacy, and terminology, and then explain how some state and school district
policies have answered these questions. We present this information to illustrate how
states and school districts are supporting transgender students. We also provide
information about and links to those policies at the end of the document, along with
other resources that may be helpful as educators develop policies and practices for their
own schools.
20 U.S.C. 1681-1688; Dear Colleague Letter: Transgender Students (May 13, 2016),
www.ed.gov/ocr/letters/colleague-201605-title-ix-transgender.pdf.
2
In this document, the term policy or policies refers generally to policies, guidance, guidelines, procedures,
regulations, and resource guides issued by schools, school districts, and state educational agencies.
3
ED considers emerging practices to be operational activities or initiatives that contribute to successful outcomes
or enhance agency performance capabilities. Emerging practices are those that have been successfully
implemented and demonstrate the potential for replication by other agencies. Emerging practices typically have
not been rigorously evaluated, but still offer ideas that work in specific situations.
Each person is unique, so the needs of individual transgender students vary. But a school policy
setting forth general principles for supporting transgender students can help set clear
expectations for students and staff and avoid unnecessary confusion, invasions of privacy, and
other harms. The education community continues to develop and revise policies and practices
to address the rights of transgender students and reflect our evolving understanding and the
individualized nature of transgender students needs.
This document contains information from some schools, school districts, and state and federal
agencies. Inclusion of this information does not constitute an endorsement by ED of any policy
or practice, educational product, service, curriculum or pedagogy. In addition, this document
references websites that provide information created and maintained by other entities. These
references are for the readers convenience. ED does not control or guarantee the accuracy,
relevance, timeliness, or completeness of this outside information. This document does not
constitute legal advice, create legal obligations, or impose new requirements.
ii
Table of Contents
Student Transitions ............................................................................................................... 1
1.
2.
3.
5.
How do schools ensure that a transgender student is called by the appropriate name
and pronouns? ................................................................................................................. 5
6.
How do schools handle requests to change the name or sex designation on a students
records? ........................................................................................................................... 6
How do schools ensure transgender students have access to facilities consistent with
their gender identity? ...................................................................................................... 7
8.
How do schools protect the privacy rights of all students in restrooms or locker
rooms? ............................................................................................................................. 7
9.
10.
How do schools treat transgender students when they participate in field trips and
athletic trips that require overnight accommodations? ................................................. 9
12.
13.
14.
How do school psychologists, school counselors, school nurses, and school social
workers support transgender students? ....................................................................... 11
15.
How do schools foster respect for transgender students among members of the
broader school community? .......................................................................................... 12
16.
What topics do schools address when training staff on issues related to transgender
students? ....................................................................................................................... 12
17.
How do schools respond to complaints about the way transgender students are
treated? ......................................................................................................................... 13
iii
Terminology ........................................................................................................................ 14
18.
What terms are defined in current school policies on transgender students? ............. 14
19.
How do schools account for individual preferences and the diverse ways that students
describe and express their gender?............................................................................... 15
iv
Student Transitions
1. How do schools find out that a student will transition?
Typically, the student or the students parent or guardian will tell the school and ask that the
school start treating the student in a manner consistent with the students gender identity.
Some students transition over a school break, such as summer break. Other students may
undergo a gender transition during the school year, and may ask (or their parents may ask on
their behalf) teachers and other school employees to respect their identity as they begin
expressing their gender identity, which may include changes to their dress and appearance.
Some school district or state policies address how a student or parent might provide the
relevant notice to the school.
Los Angeles Unified School District issued a policy (LAUSD Policy) noting that
[t]here is no medical or mental health diagnosis or treatment threshold that
students must meet in order to have their gender identity recognized and
respected and that evidence may include an expressed desire to be consistently
recognized by their gender identity.
The New York State Education Department issued guidance (NYSED Guidance)
recommending that schools accept a students assertion of his/her/their own
gender identity and provides examples of ways to confirm the assertion, such as a
statement from the student or a letter from an adult familiar with the students
situation. The same guidance also offers the following example: In one middle
school, a student explained to her guidance counselor that she was a transgender
girl who had heretofore only been able to express her female gender identity while
at home. The stress associated with having to hide her female gender identity by
presenting as male at school was having a negative impact on her mental health, as
well as on her academic performance. The student and her parents asked if it would
be okay if she expressed her female gender identity at school. The guidance
counselor responded favorably to the request. The fact that the student presented
no documentation to support her gender identity was not a concern since the school
had no reason to believe the request was based on anything other than a sincerely
held belief that she had a female gender identity.
The District of Columbia Public Schools issued guidance (DCPS Guidance) noting
that students may choose to have their parents participate in the transition
process, but parental participation is not required. The guidance further
The Chicago Guidelines provide that the school should convene an administrative
support team to work with transgender students and/or their parents or guardians
to address each students individual needs and supports. To protect the students
privacy, this team is limited to the school principal, the student, individuals the
student identifies as trusted adults, and individuals the principal determines may
have a legitimate interest in the safety and healthy development of the student.
The Mat-Su Borough Guidelines state: In some cases, a student may want school
staff and students to know, and in other cases the student may not want this
information to be widely known. School staff should take care to follow the
students plan and not to inadvertently disclose information that is intended to be
kept private or that is protected from disclosure (such as confidential medical
information).
5. How do schools ensure that a transgender student is called by the appropriate name
and pronouns?
One of the first issues that school officials may address when a student notifies them of a
gender transition is determining which name and pronouns the student prefers. Some schools
have adopted policies to prepare all school staff and students to use a students newly adopted
name, if any, and pronouns that are consistent with a students gender identity.
The NYSED Guidance provides: As with most other issues involved with creating a
safe and supportive environment for transgender students, the best course is to
engage the student, and possibly the parent, with respect to name and pronoun use,
and agree on a plan to reflect the individual needs of each student to initiate that
name and pronoun use within the school. The plan also could include when and
how this is communicated to students and their parents.
The DCPS Guidance includes a school planning guide for principals to review with
transgender students as they plan how to ensure the school environment is safe and
supportive. The school planning guide allows the student to identify the students
gender identity and preferred name, key contacts at home and at school, as well as
develop plans for access to restrooms, locker rooms, and other school activities.
6. How do schools handle requests to change the name or sex designation on a students
records?
Some transgender students may legally change their names. However, transgender students
often are unable to obtain identification documents that reflect their gender identity (e.g., due
to financial limitations or legal restrictions imposed by state or local law). Some school district
policies specify that they will use the name a student identifies as consistent with the students
gender identity regardless of whether the student has completed a legal name change.
The NYSED Guidance provides that school records, including attendance records,
transcripts, and Individualized Education Programs, be updated with the students
chosen name and offers an example: One school administrator dealt with
information in the students file by starting a new file with the students chosen
name, entered previous academic records under the students chosen name, and
created a separate, confidential folder that contained the students past information
and birth name.
The DCPS Guidance notes: A court-ordered name or gender change is not required,
and the student does not need to change their official records. If a student wishes
to go by another name, the schools registrar can enter that name into the
Preferred First name field of [the schools] database.
The Kansas City Procedure recognizes that there are certain situations where school
staff or administrators may need to report a transgender students legal name or
gender. The procedure notes that in these situations, school staff and
administrators shall adopt practices to avoid the inadvertent disclosure of such
confidential information.
The Chicago Guidelines state: Students are not required to obtain a court order
and/or gender change or to change their official records as a prerequisite to being
addressed by the name and pronoun that corresponds to their gender identity.
The Washington State Guidelines provide: School districts should allow students to
use the restroom that is consistent with their gender identity consistently asserted
at school. In addition, no student should be required to use an alternative
restroom because they are transgender or gender nonconforming.
The Washoe County Regulation provides: Students shall have access to use
facilities that correspond to their gender identity as expressed by the student and
asserted at school, irrespective of the gender listed on the students records,
including but not limited to locker rooms.
8. How do schools protect the privacy rights of all students in restrooms or locker
rooms?
Many students seek additional privacy in school restrooms and locker rooms. Some schools
have provided students increased privacy by making adjustments to sex-segregated facilities or
providing all students with access to alternative facilities.
The Washington State Guidelines provide that any student who wants increased
privacy should be provided access to an alternative restroom or changing area. The
guidelines explain: This allows students who may feel uncomfortable sharing the
facility with the transgender student(s) the option to make use of a separate
restroom and have their concerns addressed without stigmatizing any individual
student.
Atherton High School, in Jefferson County, Kentucky, issued a policy that offers
examples of accommodations to address any students request for increased
privacy: use of a private area within the public area of the locker room facility (e.g.
nearby restroom stall with a door or an area separated by a curtain); use of a nearby
private area (e.g. nearby restroom); or a separate changing schedule.
The NYSED Guidance explains that physical education is a required part of the
curriculum and an important part of many students lives. Most physical education
classes in New Yorks schools are coed, so the gender identity of students should not
be an issue with respect to these classes. Where there are sex-segregated classes,
students should be allowed to participate in a manner consistent with their gender
identity.
manner consistent with the students gender identity asserted at school and in
accordance with the California Interscholastic Federation bylaws. The California
Interscholastic Federation establishes a panel of professionals, including at least one
person with training or expertise in gender identity health care or advocacy, to make
eligibility decisions.
The Rhode Island Interscholastic Leagues policy states that all students should have
the opportunity to participate in athletics consistent with their gender identity,
regardless of the gender listed on school records. The policy provides that the
league will base its eligibility determination on the students current transcript and
school registration information, documentation of the students consistent gender
identification (e.g., affirmed written statements from student, parent/guardian, or
health care provider), and any other pertinent information.
10. How do schools treat transgender students when they participate in field trips and
athletic trips that require overnight accommodations?
Schools often separate students by sex when providing overnight accommodations. Some
school policies provide that students must be treated consistent with their gender identity in
making such assignments.
The DCPS Guidance suggests that [w]herever arbitrary gender dividers can be
avoided, they should be eliminated.
The Massachusetts Guidance states that [a]s a general matter, schools should
evaluate all gender-based policies, rules, and practices and maintain only those that
have a clear and sound pedagogical purpose.
Minneapolis Public Schools issued a policy providing that students generally should
not be grouped on the basis of sex for the purpose of instruction or study, but rather
on bases such as student proficiency in the area of study, student interests, or
educational needs for acceleration or enrichment.
10
consistently to all students, include consistent discipline for violations, and make
reasonable accommodations when the situation requires an exception.
The NYSED Guidance stresses the importance of protecting students from bullying
and harassment because [the] high rates experienced by transgender students
correspond to adverse health and educational consequences, including higher rates
of absenteeism, lower academic achievement, and stunted educational aspirations.
14. How do school psychologists, school counselors, school nurses, and school social
workers support transgender students?
School counselors can help transgender students who may experience mental health disorders
such as depression, anxiety, and posttraumatic stress. Mental health staff may also consult
with school administrators to create inclusive policies, programs, and practices that prevent
bullying and harassment and ensure classrooms and schools are safe, healthy, and supportive
places where all students, including transgender students, are respected and can express
themselves. Schools will be in a better position to support transgender students if they
communicate to all students that resources are available, and that they are competent to
provide support and services to any student who has questions related to gender identity.
11
The NYSED Guidance suggests that counselors can serve as a point of contact for
transgender students who seek to take initial steps to assert their gender identity in
school.
15. How do schools foster respect for transgender students among members of the
broader school community?
Developing a clear policy explaining how to support transgender students can help
communicate the importance the school places on creating a safe, healthy, and
nondiscriminatory school climate for all students. Schools can do this by providing educational
programs aimed at staff, students, families, and other community members.
The NYSED Guidance states that school districts are encouraged to provide this
guidance document and other resources, such as trainings and information sessions,
to the school community including, but not limited to, parents, students, staff and
residents.
16. What topics do schools address when training staff on issues related to transgender
students?
Schools can reinforce commitments to providing safe, healthy, and nondiscriminatory school
climates by training all school personnel about appropriate and respectful treatment of all
students, including transgender students.
12
The Massachusetts Guidance suggests including the following topics in faculty and
staff training key terms related to gender identity and expression; the development
of gender identity; the experiences of transgender and other gender nonconforming
students; risks and resilience data regarding transgender and gender nonconforming
students; ways to support transgender students and to improve school climate for
gender nonconforming students; [and] gender-neutral language and practices.
The El Rancho Regulation states that the superintendent or designee shall provide
to employees, volunteers, and parents/guardians training and information regarding
the districts nondiscrimination policy; what constitutes prohibited discrimination,
harassment, intimidation, or bullying; how and to whom a report of an incident
should be made; and how to guard against segregating or stereotyping students
when providing instruction, guidance, supervision, or other services to them. Such
training and information shall include guidelines for addressing issues related to
transgender and gender-nonconforming students.
17. How do schools respond to complaints about the way transgender students are
treated?
School policies often provide that complaints from transgender students be handled under the
same policy used to resolve other complaints of discrimination or harassment.
The Anchorage Administrative Guidelines provide that students may also use the
Student Grievance Process to address any civil rights issue, including transgender
issues at school.
13
Terminology
18. What terms are defined in current school policies on transgender students?
Understanding the needs of transgender students includes understanding relevant terminology.
Most school policies define commonly used terms to assist schools in understanding key
concepts relevant to transgender students. The list below is not exhaustive, and only includes
examples of some of the most common terms that school policies define.
Gender identity refers to a persons deeply felt internal sense of being male or
female, regardless of their sex assigned at birth. (Washington State Guidelines)
Sex assigned at birth refers to the sex designation, usually male or female,
assigned to a person when they are born. (NYSED Guidance)
Transgender or trans describes a person whose gender identity does not correspond
to their assigned sex at birth. (Massachusetts Guidance)
Gender transition refers to the process in which a person goes from living and
identifying as one gender to living and identifying as another. (Washoe County
Regulation)
LGBTQ is an acronym that stands for lesbian, gay, bisexual, transgender, and
queer/questioning. (LAUSD Policy)
14
19. How do schools account for individual preferences and the diverse ways that students
describe and express their gender?
Some students may use different terms to identify themselves or describe their situations. For
example, a transgender male student may identify simply as male, consistent with his gender
identity. The same principles apply even if students use different terms. Some school policies
directly address this question and provide additional guidance.
The Washington State Guidelines recognize how terminology can differ based on
religion, language, race, ethnicity, age, culture and many other factors.
Washingtons Federal Way School District issued a resource guide that states: Keep
in mind that the meaning of gender conformity can vary from culture to culture, so
these may not translate exactly to Western ideas of what it means to be
transgender. Some of these identities include Hijra (South Asia), Faafafine (Samoa),
Kathoey (Thailand), Travesti (South America), and Two-Spirit (Native American/First
Nations).
The Washoe County Regulation, responding to cultural diversity within the state,
offers examples of ways in which transgender and gender nonconforming youth
describe their lives and gendered experiences: trans, transsexual, transgender,
male-to-female (MTF), female-to-male (FTM), bi-gender, two-spirit, trans man, and
trans woman.
The DCPS Guidance provides this advice to staff: If you are unsure about a
students preferred name or pronouns, it is appropriate to privately and tactfully ask
the student what they prefer to be called. Additionally, when speaking about a
student it is rarely necessary to label them as being transgender, as they should be
treated the same as the rest of their peers.
15
Anchorage School District (AK): Administrative Guidelines: Working with Transgender and
Gender Nonconforming Students and Employees (2015) (on file with ED)
Atherton High School, Jefferson County School District (KY), Policy on School Space (2014),
www.jefferson.k12.ky.us/schools/high/atherton/SBDMDocuments/Policy%20500%20Draft
-%20Los%20Angeles%20Unified%20School%20District%20Revised%20Model.pdf
Boulder Valley School District (CO), Guidelines Regarding the Support of Students and Staff
Who Are Transgender and/or Gender Nonconforming (2016),
http://www.bvsd.org/policies/Policies/AC-E3.pdf
Chicago Public Schools (IL), Guidelines Regarding the Support of Transgender and Gender
Nonconforming Students (2016),
cps.edu/SiteCollectionDocuments/TL_TransGenderNonconformingStudents_Guidelines.pd
f
Federal Way Public Schools (WA), Working with Transgender and Gender-Nonconforming
Students and Staff (2014-2015), www.fwps.net/districtresources/wpcontent/uploads/sites/32/2013/12/FWPS_Transgender3.pdf?7a385a
Kansas City 33 School District (MO), Prohibition Against Discrimination, Harassment and
Retaliation (Transgender and Gender Nonconforming Employee and Students) (2013),
eboard.eboardsolutions.com/ePolicy/policy.aspx?PC=ACAP(1)&Sch=228&S=228&RevNo=1.01&C=A&Z=R
Los Angeles Unified School District (CA), Transgender Students Ensuring Equity and
Nondiscrimination (2014),
notebook.lausd.net/pls/ptl/docs/PAGE/CA_LAUSD/FLDR_ORGANIZATIONS/FLDR_GENERAL
_COUNSEL/BUL-6224.1%20TRANSGENDER%20POLICY,%2008-15-14%20%20ADDED%20ED%20CODE%20221%205.PDF
16
Maryland State Department of Education, Providing Safe Spaces for Transgender and
Gender Non-Conforming Youth: Guidelines for Gender Identity Non-Discrimination (2015),
marylandpublicschools.org/MSDE/divisions/studentschoolsvcs/student_services_alt/docs/
ProvidingSafeSpacesTransgendergenderNonConformingYouth012016.pdf
New York State Education Department, Guidance to School Districts for Creating a Safe and
Supportive School Environment for Transgender and Gender Nonconforming Students
(2015), www.p12.nysed.gov/dignityact/documents/Transg_GNCGuidanceFINAL.pdf
Rhode Island Interscholastic League, Rules & Regulations (Article I, Section 22 Gender
Identity), www.riil.org/files/8214/3861/6354/ARTICLE_1_ORGANIZATION_2015.pdf
Shorewood School District (WI), Nondiscrimination Guidelines Related to Students Who Are
Transgender and Students Nonconforming to Gender Role Stereotypes (2014),
www.shorewood.k12.wi.us/uploaded/Board_Documents/Policies/411_Guidelines_and_Ex
hibit.pdf?1393865642372
Washoe County School District (NV), Gender Identity and Gender Non-Conformity
Students (2015), washoecountyschools.net/csi/pdf_files/5161%20Reg%20%20Gender%20Identity%20v1.pdf
17
18
19