Transgender Policy in Schools

The Transgender Policy in Schools is gradually gaining recognition, but there is still a lack of reliable support for transgender and non-binary students in many educational institutions. Although communities are gradually becoming more knowledgeable about transgender and non-binary individuals, most schools and colleges still do not offer adequate support for these students.

In the United States, the average secondary school has enough gay, bisexual, lesbian, and transgenders students who can easily have up to two full classrooms. Despite the statistics, 90% of primary and secondary teachers and other related staff do not have any training to support LGBT students. 

For a lot of teachers, it can be a potential struggle to understand how to support students, especially when there are no policies or procedures set in place.

However, despite this evident bridge between trans students and teachers, schools and colleges are trying their best to encourage trans students by initiating various programs such as collectively providing scholarships exclusively for LGBT students to honour their talent and academic qualifications. This has resulted in a significant increase in trans student’s enrollment in academic institutions over the last few years. 

In this blog we have covered in detail about the transgender policy in schools and colleges. 

Transgender Student rights in a school:

Title IX is a federal law that makes sex discrimination illegal in most schools in the United States. According to the majority of courts that have considered the matter, this includes prejudice against an individual based on their gender identity or because they identify as transgender. Transgender students are also protected by several additional state and federal statutes. The following are some legal rights that transgender pupils are entitled to:

1. You are entitled to treatment based on your gender identity. This is valid even if you haven’t taken any action, such as updating your ID or seeking medical attention, and your school isn’t allowed to demand that you provide documentation of these actions in order for your gender to be respected.
2. It is your right to be addressed using the name and pronouns that correspond to your gender identity. Even after you specify how you want to be addressed, instructors and other school personnel are not permitted to intentionally refer to you by the incorrect name or pronouns. Granted, mistakes happen.
3. You cannot be made to use facilities that are not appropriate for your gender identification, including locker rooms and restrooms. You have the right to request to use a private place if you feel safer or more at ease doing so, or if you would like to use one for a short amount of time. However, your school is not allowed to coerce or pressure you into using a private restroom or locker room if you choose not to.
4. It is your right to equal learning and participation chances in school as everyone else, regardless of your gender identity or expression, colour, nationality, or handicap. This includes being permitted to take part in school activities and events and not being penalised for being transgender or gender non-conforming.
5. You are free to express and wear your gender identification as you see fit. This covers your daily attire at school as well as the clothes you wear to dances, graduation, and other school functions. All students must abide by the general dress code regulations, however your school must permit you to wear clothing that corresponds to your gender identity.
6. You are entitled to privacy protection and the freedom to decide who you disclose your transgender identity to or not. Your school must ensure that details such as your medical history, past name, and transgender status are maintained as private as feasible if you wish to keep that information secret.
7. It is your right to form or join an LGBT student organisation such as the Pride Alliance or GSA. LGBT student organisations cannot be prohibited from your school or treated differently than other student organisations.

How should students react if they are being discriminated against at school?

Speak with administrators at your school and district if you or someone you care about has been the victim of bullying or prejudice. Find out about the nondiscrimination and anti-bullying rules of your school system by getting in touch with them. Once they are aware of the situation, many schools are eager to collaborate with transgender children to find a solution. Here are some materials you can show them and some advice on how to approach your school. 

Should your school system still not treat you with dignity, we strongly advise you to get in touch with the GLSEN national headquarters or your state’s ACLU branch. They can assist you in determining the best course of action for you to take next. They could assist you in locating alternative avenues for contacting your school system or administration, drawing attention to your problem in the media, or taking other steps.

There are situations when you might think about suing your school. It could be difficult to file a lawsuit, so you’ll probably require legal assistance. Although NCTE does not offer legal services or accept clients, you may discover a list of LGBT-friendly legal organisations.

Additionally, you have the option to complain to the US Department of Education. Title IX, the federal legislation that prohibits discrimination against transgender children in schools, is enforced by the Department of Education. 

Some factors to consider before filing a complaint with the Department of Education are as follows:

1. As soon as you can, file. Within 180 days of the discriminatory, bullying, or harassing behaviour, you must register a complaint. If you submit a complaint after the deadline, be sure to state your reasoning and request an extension.
2. Choose “sex” when asked on the complaint form what kind of discrimination you have experienced.
3. Fill out the whole form. Complete complaints will not be looked into. OCR may get in touch with you to request more information if it requires it to handle the complaint.
4. Give specifics. Provide as much information as you can about the parties and the incidents, including the date, time, and location of the events, in your complaint.
5. Reported issues are kept private. We won’t divulge information regarding your complaint without your consent.
6. It is not necessary for the victim of discrimination to be the one who makes the complaint. A complaint may be made by friends, family, teachers, or other parties.
7. You cannot be disciplined by the school for filing or taking part in a complaint.

Apart from lodging a grievance with the federal government, it is possible for you to lodge a complaint with the education department or human rights agency of your state. Transgender kids are shielded from discrimination by numerous state laws and policies. 

Transgender Youth in the United States:

There are over 150,000 transgender youth between the ages of 13 and 17 in the United States. It was found that around 75% of transgender felt unsafe in their schools and colleges since they did not have the freedom of gender expression.  

Around 50% transgenders report that they cannot use their name and pronouns that they identify with and 70% have reported that they avoided bathrooms. Removing transgender children from gender-neutral school facilities is a degrading and discriminatory act that exacerbates the abuse and mistreatment that an excessive number of transgender pupils already experience.

This study explains that the question at hand is not whether or not transgender pupils will be taught in public schools; rather, it is about more than just bathrooms. Transgender pupils cannot comfortably attend school if they are unable to use a restroom.

Local schools and colleges across the nation have successfully implemented laws and policies that protect transgender students from discrimination while also meeting the needs and requirements of all students. Having an inclusive school policy does not necessarily diminish the legal obligation associated with the school’s educational facilities. These rules also enforce mandatory rules on teachers that allow them to take action against students who behave inappropriately or try to invade someone’s privacy. 

How can teachers help transgender students?

There are various ways by which teachers and professors can help transgender students enrolled in their school. some ways to do so are:

1. Educate parents, faculty, staff, and students about transgenders and they can offer support:

This ought to be upbeat, joyous, and directed by the instructor.  Trans teachers don’t need to teach the entire school about who they are. To lighten the work, GLSEN Chapters or local LGBTQ centres can send representatives to schools to conduct diversity and advocacy training.  Should these resources be inaccessible, local transgenders (with permission from the educator) may visit to aid in raising awareness of the trans experience. The final say on what information is distributed to the school community should go to the instructor. 

2. Allow trans students to express themselves comfortably:

Certain schools try to put restrictions on what trans students wear. While this might not be as true for transmen or masculine-centered transgender people, it is, however, extremely true for trans women who are often policed way more than what is required. This is one of the truest examples of transphobia.

3. Think about partnering with other transgenders:

Teachers are often recommended to have an active trans person who would come for regular check-ins to study how things are going in the classroom, with parents, and with friends. They are a great means for advocating in case any issue arises. Being trans could also bring extra emotional support that students need. Some students might also require extra emotional and mental support during parent-teacher meeting conferences and other school functions.  

What laws protect transgender students at school?

Various laws protect transgender students from discrimination at school:

1. Title IX:

It is a federal law that bans sex determination in schools. It has been made clear it includes discrimination against people because they identify as transgenders or do not meet the typical gender expectation. This law applies to all schools that get federal money which also includes public schools:

2. State laws and school district policies:

In a lot of places, this law also protects transgender students from discrimination. More information on this can be found in NCTE’s School Action Center. Various school districts around the United States have policies that ban discrimination based on gender identity or sexual orientation. 

3. The Equal Access Act:

This requires all student organisations to be treated equally. This means that the school cannot ban certain types of students. 

4. The Family Educational Rights and privacy act:

This act protects personal information related to students and in most cases, it is illegal for schools to share the data without permission from the student or parents. This also includes other information such as transgender status or medical history.

5. The First Amendment:

This law of the U.S. Constitution protects the freedom of speech and freedom of expression of all students. This includes the right to dress according to gender identity, and talk about topics such as transgender openly. 

Frequently Asked Questions

Conclusion

Transgender students are twice as likely as cisgender students to report bullying in schools and colleges. Though rarely to the degree that they are now, schools have traditionally served as battlegrounds in the culture war. Politicians, particularly conservative ones, are taking advantage of contentious problems in schools to gain political points, whether the topic is masks, transgender students’ rights, or critical race theory.

For kids, these behaviours have genuine repercussions. Children pick up on when adults are talking negatively about them, and they understand when those adults are indicating that they are not welcome. Anybody should be cautious after seeing the data above, as transgender kids are a particularly vulnerable population. Instead of isolating and rejecting transgender pupils, schools and colleges should make a special effort to make them feel accepted and at home.