Requirements for schools to ensure that all students are

safe, included and respected in school, regardless of

their gender identity or expression.

All students must be provided with a free, appropriate,

and equal public education (Article IX, Florida
Constitution)
Freedom from discrimination based on sex is a right
Every student has the right to learn in a safe and
accepting school environment; all students must be
given equal opportunity to succeed
Schools must balance the rights of transgender students
to freedom from discrimination and expressions with
the rights of other students and parents to freedom of
religion and expression

Laws are new and evolving; limited case law

Educational Arena
Compassion and Grace
Notice of Fairness for EVERYONE

Title IX, federal civil rights law prohibits sex

discrimination on the basis of sex in schools; Office
of Civil Rights (OCR) has clarified that this includes
gender identity or failure to conform to stereotypical
notions of masculinity or femininity and protects
students who do not conform to sex stereotypes.
Applies to all schools, K-12-post secondary that accept federal
funds, including all public schools
Complaints of discrimination or harassment can be filed with
US Department of Education
Office of Civil Rights will enforce

First Amendment of US Constitution protects the right

of students to free speech and freedom of expression,
including expression of gender identity
Title VII of the 1964 Civil Rights Act prohibits sex
discrimination in employment, equally applied to claims of
discrimination brought by transgender plaintiffs; the U.S.
Supreme Court has cited Title VII in interpreting Title IX
Fourteenth Amendment of US Constitution due process
and equal protection provision imposes a duty on schools to
protect transgender students from harassment on an equal
basis with other students

Florida Anti-Discrimination Law, Section 1001.05,

F.S., prohibits discrimination on basis of sex

Local Policies (LCS) prohibits discrimination on

basis of sex, gender, transgender, gender
nonconforming, gender identity and expression, and
sexual orientation

Transgender and gender nonconforming youth use a

number of words to describe their lives and
experiences:
Trans, transsexual, transgender, male-to-female (MTF),
female-to-male (FTM), bi-gender, two-spirit, trans
man, trans woman, etc.
Differs based on region, language, race or ethnicity,
age, culture

School staff and educators should inquire which terms

students may prefer and avoid terms that make these
students uncomfortable; a good general guideline is to
employ those terms which the students use to describe
themselves.

These definitions are provided not for the purpose of

labeling students but rather to assist in understanding
policy and the legal obligations of District staff.

Gender Identity
Gender Expression
Transgender
Transition
Gender Nonconforming
Bullying
Harassment

Safe school environment

Any incident immediate attention
Investigating the incident
Taking age appropriate corrective action
Providing appropriate resources

Complaints should be taken seriously and handled in

the manner as other discrimination, bullying or
harassment complaints

Administrators should make every effort to keep

transgender/gender nonconforming students at the
original school site.
Transfers should not be the schools first or preferred
response
Considered only when necessary protection or
personal welfare; or requested by parent or student
Student, parent or guardian must consent

Right to Privacy

Transgender status
Legal name
Gender assigned at birth
Confidential Medical Information

Disclosing is against FERPA

School staff (unless legally required or authorized by
the student)

Transgender and gender nonconforming students have

the right to discuss and express their gender and
expression openly and to decide when, with whom, and
how much to share private information.

A student disclosing his/her status does not give others

the right to disclose medical information about the
student.

When contacting the parent or guardian of a

transgender student, school staff should use the
students legal name and the pronoun corresponding to
the students gender assigned at birth unless the
student, parent, or guardian has specified otherwise.

When communicating to the media or community

about issues related to gender identity, the school or
District shall have a single spokesperson to address the
issue.
Everyone should direct parents and media to the
spokesperson.
Top priority protecting the privacy of the transgender
or gender nonconforming student

Maintain a mandatory permanent student record that

includes students legal name and legal gender.
The school shall use the name and gender preferred by
the student.
A school will change a students official record to
reflect a change in legal name and gender upon receipt
of documentation of a court order or amendment of
state or federally-issued identification

School IDs are not legal documents and can use the
students preferred name.
In situations where school staff or administrators are
required by law to use or to report a transgender
students legal name or gender, such as for purposes of
standardized testing, school staff and administrators
shall adopt practices to avoid the inadvertent
disclosure of such confidential information.

Every student has the right to be addressed by a name

and pronoun that corresponds to the students gender
identity.
A court-ordered name or gender change is not required,
and the student need not change his or her official
records.
It is recommended that teachers privately ask
transgender and gender nonconforming students how
they would like to be addressed in class, in
correspondence to the home, or at conferences with the
students guardian.

Students should have access to facilities that

correspond to their gender identity.

In any gender-segregated facility, any student who is

uncomfortable using a shared facility, shall, upon the
students request, be provided with a safe and nonstigmatizing alternative.

Requiring a transgender or gender nonconforming

student to use a separate, nonintegrated space threatens
to publicly identify and marginalize the student as
transgender and should not be done unless requested by
a student.

Under no circumstances may students be required to

use sex-segregated facilities that are inconsistent with
their gender identity.

Where available, schools are encouraged to designate

facilities designed for use by one person at a time as
accessible to all students regardless of gender, and to
incorporate such single-user facilities into new
construction or renovation.

Under no circumstances may a student be required to

use such facilities because they are transgender or
gender nonconforming.

Schools must support transgender students while also

ensuring safety and comfort of all students and consider
the following factors:

Transgender students preference

Protection of student privacy
Maximizing social integration of transgender student
Minimizing stigmatization of transgender student
Protection and safety of students involved

All students shall be permitted to participate in physical

education classes and intramural sports in a manner
consistent with their gender identity.

Unless precluded by state interscholastic association

policies, all students shall be permitted to participate in
interscholastic athletics in a manner consistent with
their gender identity.

Schools may enforce dress code pursuant to District

policy.

Students have a right to dress with their gender identity,

within the constraints of the dress codes adopted by the
school.

School staff shall not enforce a schools dress code

more strictly against transgender and gender
nonconforming students than other students.

In order to maintain privacy and confidentiality

regarding their transition and gender identity,
transgender students may wish but are not required
to transition over a summer break or between grades.

Regardless of the timing of a students transition, the

school shall act in accordance with what is considered
age appropriate.

Elementary School The parent informs the school of

the impending transition.

If school staff believe that a gender identity or

expression issue is presenting itself and creating
difficulty for the child at school, approaching parents
about the issue is appropriate at the elementary level.
Together, the family and school can then identify
appropriate steps to support the student.

Secondary School Notifying the parent about the

student expression or transition is not necessary as they
may already know and may be supportive.

In some cases, notifying the parent may result in the

student being kicked out of the home. Prior to notifying
the parent, the school staff should work with the
student to assess to what degree the parent will be
involved in the process and must consider the health,
well-being and safety of the student.

Secondary School When a student transitions during

the school year, the school shall hold a meeting with
the student to ascertain their desires and concerns.

Discuss the timeline for the transition to create

conditions for a supporting a safe and accepting
environment at school.

The school shall train administration and educators that

interact directly with the student on the transition plan,
timelines and relevant legal requirements.

The Gay, Lesbian & Straight Education Network

(1990)
Focused on ensuring safe schools for all students

Every child learns to respect and accept all people,

regardless of sexual orientation or gender
identity/expression

Seeks to develop school climates where difference is

valued for the positive contribution it makes to creating
a more vibrant and diverse community.

The National Center for Transgender Equality

A national social justice organization
Devoted to ending discrimination and violence against
transgender people through education and advocacy on
national issues of importance to transgender people.
Facilitates a strong clear voice for transgender equality
everywhere

GLSEN www.glsen.org
NCTE http://transequality.org
PFLAG www.pflag.org