ASAA Gender Policy Billy Strickland, Executive Director Alaska School Activities Association

Topics to be covered Do we need a “transgender” policy? What are the types of transgender policies being used in other states Why did ASAA chose the type of policy it developed What are the issues with ASAA gender policy What does the future hold on this issue

Do we have to have a transgender policy? There is no law requiring schools or state activities associations to allow transgender students to participate in activities based on their “gender identity.” There has been some guidance as to needing a policy. Answer: Yes, ASAA needs to be clear as to what is and is not allowed.

Why allow transgender participation? Consistent with ASAA’s Mission: To advocate participation in co-curricular activities; to regulate sanctioned interscholastic activities, contests , and programs; and to promote student health and academic and social development. Consistent with other ASAA policies Co-ed Sports (soccer and Mix 6 volleyball) Both genders competing together currently (regular season wrestling, football, baseball….) What we can do is different that what we must do.

Why allow transgender participation? Allows Schools to comply with Dear Colleague Letter: U.S. Department of Justice U.S. Department of Education Civil Rights Division Office for Civil Rights Dear Colleague: May 13, 2016 Schools across the country strive to create and sustain inclusive, supportive, safe, and nondiscriminatory communities for all students. In recent years, we have received an increasing number of questions from parents, teachers, principals, and school superintendents about civil rights protections for transgender students. Title IX of the Education Amendments of 1972 (Title IX) and its implementing regulations prohibit sex discrimination in educational programs and activities operated by recipients of Federal financial assistance.1 This prohibition encompasses discrimination based on a student’s gender identity, including discrimination based on a student’s transgender status. This letter summarizes a school’s Title IX obligations regarding transgender students and explains how the U.S. Department of Education (ED) and the U.S. Department of Justice (DOJ) evaluate a school’s compliance with these obligations.

Dear Colleague “Compliance with Title IX” Section 3 3. Sex-Segregated Activities and Facilities Title IX’s implementing regulations permit a school to provide sex-segregated restrooms, locker rooms, shower facilities, housing, and athletic teams, as well as single-sex classes under certain circumstances.12 When a school provides sex-segregated activities and facilities, transgender students must be allowed to participate in such activities and access such facilities consistent with their gender identity.13   Restrooms and Locker Rooms. A school may provide separate facilities on the basis of sex, but must allow transgender students access to such facilities consistent with their gender identity.14 A school may not require transgender students to use facilities inconsistent with their gender identity or to use individual-user facilities when other students are not required to do so. A school may, however, make individual-user options available to all students who voluntarily seek additional privacy.15   Athletics. Title IX regulations permit a school to operate or sponsor sex-segregated athletics teams when selection for such teams is based upon competitive skill or when the activity involved is a contact sport.16 A school may not, however, adopt or adhere to requirements that rely on overly broad generalizations or stereotypes about the differences between transgender students and other students of the same sex (i.e., the same gender identity) or others’ discomfort with transgender students.17 Title IX does not prohibit age-appropriate, tailored requirements based on sound, current, and research-based medical knowledge about the impact of the students’ participation on the competitive fairness or physical safety of the sport.18

What are other state association doing in regards to policies? Five types of transgender policies: Birth Certificate Only Determination made by Medical Personnel based on medical steps (sex-change or hormonal therapy) Determination made by Non-Medical Personnel Self-Determination by the student “Confederation” Approach

Why ASAA chose the “Confederation” Issue with “Birth Certificate Only” Gender Policies For persons born in Alaska, the entity which controls issuance of birth certificates and amendments thereto is the Bureau of Vital Statistics. According to BVS personnel in order to change a gender on a birth certificate, a party would need to submit a sworn statement from a physician, indicating that the physician has treated the individual, evaluated the medical history, provided "appropriate clinical treatment", and that the treatment is permanent. 'Appropriate clinical treatment' would mean gender reassignment surgery (grs).  This change of gender policy is not contained in a BVS published regulation, but is an internal policy, provided when one calls and asks.  Additionally, if a name change is involved, that is done through a court proceeding, and BVS would change the name upon receipt of the court order. For individuals born in other states, the birth certificate amendment policies of the other states would control. This issue is changing rapidly, and a number of states (8 or 9 to date, I think) have adopted statutes which make it easier to make changes (i.e. not necessarily requiring grs). I'm not sure I think that is going to occur in Alaska anytime soon.

Why ASAA chose the “Confederation” Issue with “Determination made by Medical Personnel based on medical steps (sex-change or hormonal therapy)” policies The ASAA Sports Medicine Advisory Committee (SMAC) advised against this requirement. They based this primarily on for two reasons: #1 If a person is going to undergo hormonal therapy then it should NOT take place until post-adolescence #2 To the knowledge of the SMAC, there are no medical professional in Alaska providing this service Simply put, ASAA did not want to make an unsafe requirement

Why ASAA chose the “Confederation” Issue with “Self-Determination by the student” policy Potential for abuses from insincere students

Why ASAA chose the “Confederation” Determination made by Non-Medical Personnel ASAA felt this should be allowed, as each school can determine how to best work with it’s students. Works with model AASB policy. Can be done across the State of Alaska regardless of community size and resources

Why ASAA chose the “Confederation” Approach Is doable in Alaska Allows the member schools to develop a policy which they can manage Controls cost to both the student and the school.

ASAA Bylaw Article 7 Section 1 ARTICLE 7 - SANCTIONED ACTIVITIES Section 1 - Compliance with Title IX A. The Association will comply with the provisions of Title IX of the Education Amendments of 1972, Alaska s t a t u e Chapter 18.80, and all amendments there to. No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, be treated differently from another person or otherwise be discriminated against in any activities regulated by the Association. B. Separate Teams, Gender Determination and Contact Sports: Separate teams for each sex are permissible in contact sports or where selection for teams is based on competitive skill. The Association will rely on a gender determination made by the student's member school where the determination is based upon prior written and objective criteria adopted by the school; ASAA will not make separate gender identity determinations. However, once a member school determines a student may participate in an interscholastic activity, which does not match the gender assigned at birth, the determination shall remain in effect for the duration of the student’s high school eligibility. A student attending a member school which does not have a prior written objective policy used to determine gender identity may only participate based upon the gender assigned at birth. Contact sports include wrestling, ice hockey, football, basketball, and any other sport “the purpose or major activity of which involves bodily contact.”

ASAA Policy Components The Association will rely on a gender determination made by the student's member school where the determination is based upon prior written and objective criteria adopted by the school; ASAA will not make separate gender identity determinations. However, once a member school determines a student may participate in an interscholastic activity, which does not match the gender assigned at birth, the determination shall remain in effect for the duration of the student’s high school eligibility. A student attending a member school which does not have a prior written objective policy used to determine gender identity may only participate based upon the gender assigned at birth…

ASAA Policy Issues Doesn’t address competitive advantages that may be gained by a male to female transgender student Could become inconsistent across the State as school districts develop various policies Student transfer issues

Law supplants policy!!! While ASAA now has a policy depending on the courts, legislatures and administration changes this could all be changing in the future. If and when that happens, ASAA will adjust.