is for Transgender Understanding Legal Protections for K-12 Transgender Students in Washington State Mallory Sullivan, J.D., Program Supervisor Sarah Albertson, J.D., Program Supervisor OSPI Equity Civil Rights Office October 14, 2016│ WASSW Conference

Office of Superintendent of Public Instruction

Various combinations of letters are used to refer to people who identify with various sexual orientations and gender identities

Chapter 28A.642 RCW Washington’s Nondiscrimination Law Prohibits discrimination based on sexual orientation, gender identity, and gender expression in Washington Public schools Chapter 392-190 WAC OSPI Civil Rights Guidelines

ANATOMY M X X X X F GENDER EXPRESSION M F GENDER IDENTITY M F Intersexed/DSDs – 1:300 GENDER EXPRESSION M F APPEARANCE Hair Cuts, Clothing, Colors, Voice ACTIVITIES Sports, Recess Games, Clubs, Play Roles BEHAVIORS & EMOTIONS Mannerisms, Gentleness, Aggression OBJECTS Toys, Bikes, Books, Shoes, Backpacks GENDER IDENTITY M F SEXUAL OREINTATION M F Lesbian, Gay, Bisexual, Straight Adapted from Gender Odyssey

Realities of LGBT Students GLSEN National School Climate Survey (2015)

Because of their gender expression 1 in 8 Students were physically assaulted e.g., punched, kicked, injured with a weapon (11.4%) 1 in 4 Students were physically harassed e.g., pushed or shoved(22.7%) 1 in 2 Students were verbally harassed e.g., called names or threatened (55.2%) GLSEN National School Climate Survey (2015)

Do we need a policy and procedure?

Support students who transition during the school year

Talk with the student!

Never ask personal questions of transgender students that you would not ask of others.

Working with Parents

All students have the right to express their gender identity at school!

“Prohibited conduct includes dress of the opposite sex.” “Boys are not to wear make-up.” “clothing that would be disruptive to the educational process” Is your dress code gender-neutral and applied equally to boys and girls?

Always use a student’s preferred name and gender pronoun in class and at school. Cole She They He Alex

What about school records?

Use the student’s preferred name and gender in school records (unless legally required to use the student’s legal name/gender)

Official Records: Legal Name

Official Records: Gender Designation

Should the district request proof of medical treatment?

No! Do not require proof of medical treatment to respect a student’s gender identity.

Can a district re-issue an alumni’s records to reflect a name change?

Yes. Document the transaction Issue a new record; and Retain: the original record, the newly issued record, and the documentation of the transaction.

Should the school inform staff or students about a student’s transgender status?

No! Never disclose a student’s transgender status unless: it’s legally required to do so, or the student authorized the disclosure

Should we tell their parents?

LGBT students who experience high levels of rejection from their parents are significantly more likely to experience homelessness and depression, or to have attempted suicide.

Ask the student! (privately)

Other parents are asking questions, what do we do?

Which sports team can she play on?

Students may participate in athletic activities consistent with their gender identity.

WIAA Gender Identity Participation Procedure www.wiaa.com/subcontent.aspx?SecID=350

Which restroom can the student use?

Allow students to use the restroom that corresponds to their gender identity.

You may provide any student—transgender or not—access to an alternative restroom if they’d like increased privacy.

We’re afraid that she’ll be bullied in the bathroom!

What if he just wants to peep in the girls’ restroom?

What about locker rooms?

All students should have access to the locker room that corresponds to their gender identity.

Any alternative arrangement should be provided in a way that protects the student’s ability to keep his or her transgender status private.

What about sleeping arrangements for overnight field trips?

A reminder about discriminatory harassment

Resources Prohibiting Discrimination Guidelines: Gender Expression & Gender Identity, OSPI (2012) http://www.k12.wa.us/Equity/pubdocs/ProhibitingDiscriminationInPublicSchools.pdf#Gender   Sample WSSDA Gender Identity and Gender Expression Policy & Procedure (2013) http://www.k12.wa.us/Equity/Districts/SamplePolicies.aspx Schools In Transition: A Guide for Supporting Transgender in K-12 Schools, NCLR (2015) http://support.nclrights.org/site/R?i=YjH-DGsn2t1Ihrbvfs87lg *Note: This is a national resource and may not represent additional protections against discrimination on the basis of gender expression and gender identity that exist under Washington law. Be Prepared for Questions and Put-Downs About Gender, Welcoming Schools http://hrc-assets.s3-website-us-east-1.amazonaws.com//welcoming-schools/documents/WS_Be_Prepared_for_Questions_and_Put-Downs_on_Gender.pdf

Contact Us! OSPI Equity and Civil Rights Office (360) 725-6162 / TTY: (360) 664-3631 equity@k12.wa.us www.k12.wa.us/equity