TIMOTHY A. SULLIVAN RATWIK, ROSZAK & MALONEY, P.A. October 14, 2016 THE MORE THINGS CHANGE, THE MORE THEY STAY THE SAME: A SCHOOL ADMINISTRATOR’S GUIDE TO ACCOMMODATING TRANSGENDER STUDENTS TIMOTHY A. SULLIVAN RATWIK, ROSZAK & MALONEY, P.A. October 14, 2016

TERMINOLOGY GENDER IDENTITY GENDER EXPRESSION TRANSGENDER

G.G. v. GLOUCESTER COUNTY SCHOOL BOARD (Virginia)

Johnston v. Univ. of Pittsburgh (Penn.)

May 13, 2016 OCR “Dear Colleague” Letter

The Minnesota human rights act (MHRA) Definition of sexual orientation Educational institution Place of public accommodation Public services Employment

The Safe and Supportive Schools Act Prohibits Peer-to-Peer Bullying on the basis of a person’s actual or perceived sexual orientation, including gender identity and expression Instances of bullying trigger a school’s reporting, investigation, and response obligations

Federal Antidiscrimination statutes TITLE VII TITLE IX

The continuing expansion of “sex” as a protected class Price waterhouse v. Hopkins Montgomery v. indep. Sch. Dist. No. 709 Cruzan v. special sch. Dist. No. 1 The eeoc’s mia macy ruling

OCR INTERPRETATION OF title IX April 2014 guidance: the Ocr will investigate complaints of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity May 2016 “Dear colleague letter”: To briefly summarize, transgender students must be treated consistent with their gender identity in virtually all aspects

recent federal lawsuits Tooley v. Van Buren Public Schools State of texas, et al. v. United states Students and parents for privacy v. u.s. Dept. of Education Privacy matters v. U.S. Dept. of Education

Common accommodation issues Preferred name/pronoun Official school records Handling questions from students/parents Safety concerns

Bathrooms/locker rooms The mhra exception Title IX Regulations 2016 “Dear Colleague Letter” Goins v. west corp. Cruzan v. special sch. Dist. No. 1

Athletics and extracurriculars MINNESOTA STATE HIGH SCHOOL LEAGUE’S TRANSGENDER ELIGIBILITY APPEAL POLICY FOR MALE-TO-FEMALE STUDENTS

Summary: GIVEN THE HIGH PROFILE NATURE OF THIS TOPIC, What has really changed? WHAT CASES ARE BINDING IN MINNESOTA? Are school districts caught in the crossfire? What is the best approach for your district?

Questions?