1. School Success and Opportunity Act AB1266 Supporting Transgender & Gender Non-Conforming Youth in Schools

2. Objectives  Continue to increase our awareness of the experiences of students in the transgender and gender non- conforming community including terminology with the purpose of increasing our cultural competency.  Continue to familiarize ourselves with AB 1266, our district policy and procedures supporting transgender and gender-nonconforming students.  Increase our knowledge of best practices supporting LGBTQ+ youth.

3. Experiences of Transgender & LGBT Youth in Our Schools

4. 37.8% of students reported feeling unsafe because of their gender expression. 56.4% heard negative remarks about gender expression (not acting “masculine enough” or “feminine enough”) frequently or often. 55.5% of students reported hearing negative remarks about gender expression from teachers or other school staff. Kosciw, J.G., Greytak, E.A., Bartkiewicz, M.J., Boessen, M.J. & Palmer, N.A. (2014). The 2013 National School Climate Survey: The experiences of lesbian, gay, bisexual and transgender youth in our nation’s schools. New York: GLSEN

5. 55.2% of students were verbally harassed (e.g., called names or threatened) in the past year because of their gender expression. 42.2% of transgender students had been prevented from using their preferred name (10.8% of LGBT students overall) 59.2% of transgender students had been required to use a bathroom or locker room of their legal sex. Kosciw, J.G., Greytak, E.A., Bartkiewicz, M.J., Boessen, M.J. & Palmer, N.A. (2014). The 2013 National School Climate Survey: The experiences of lesbian, gay, bisexual and transgender youth in our nation’s schools. New York: GLSEN

6. LGBT students with many (11 or more) supportive staff at their school:  Were less likely to feel unsafe than students with no supportive staff. (36.3 % vs. 74.1%);  Were less likely to miss school because they felt unsafe or uncomfortable (14.7% vs. 50.0%);  Felt more connected to their school community;  Had higher GPAs than other students (3.3 vs. 2.8); and  Were less likely to say they did not plan to attend college (3.0% vs. 12.0%). Kosciw, J.G., Greytak, E.A., Bartkiewicz, M.J., Boessen, M.J. & Palmer, N.A. (2014). The 2013 National School Climate Survey: The experiences of lesbian, gay, bisexual and transgender youth in our nation’s schools. New York: GLSEN

7. Definitions

8. Gender: Both Ed Code and California Code define gender as sex, and includes a person’s gender identity and gender expression whether or not stereotypically associated with the person’s assigned sex at birth.

9. Gender Identity: A person’s deeply-felt internal sense of being male or female. Gender Expression: A person’s external characteristics and behaviors that are socially defined as either masculine or feminine, such as dress, mannerisms, speech patterns, and social interactions. Gender Non-Conforming: A person who has a gender identity and/or expression that does not conform to the traditional expectations of the gender they were assigned at birth. Transgender: A person whose gender identity does not match the sex assigned to him or her at birth.

10. Androgynous: A person appearing and/or identifying as neither man or woman, presenting either a gender mixed or neutral. Intersex: Someone whose sex a doctor has a difficult time categorizing as either male or female. A person whose combination of chromosomes, gonads, hormones, internal sex organs, and/or genitals differs from one of the two expected patterns. Cisgender: Someone who is comfortable with the gender identity and gender expression expectations assigned to them based on their physical sex. Transphobia: Irrational fear or hatred of, or violence, harassment and discrimination perpetuated against transgender people.

13. Legal Framework All persons, including students, have right to privacy under California constitution. State and Federal laws prohibit the discrimination of students based on their actual or perceived gender (Ed. Code 220, 260; 42 U.S.C., 200d-200e-17; 42 U.S. C., 2000h-2000h-6; 20 U.S.C. 1681). We have a duty to prevent and correct discrimination or harassment of students on the basis of gender, whether at school or at school-sponsored events. We have a duty to ensure incidents involving discrimination, harassment, or violence are given immediate attention.

14. Assembly Bill 1266 School Success & Opportunity Act  Signed by Governor on August 12, 2013 (effective January 1, 2014)  Adds subdivision (f) to Ed. Code 221.5  (f) A pupil shall be permitted to participate in sex- segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil’s records.  SUHSD BP 5145.31(b) - Transgender and Nonconforming Students  SUHSD BP 0410(a) - Nondiscrimination in district programs and activities

15. Key Issues ● Privacy ● School and Official Records ● Names/Pronouns ● Restroom Accessibility ● Sports Teams/Gym Classes ● Locker Rooms/School Facilities ● Parent, Student, and Staff Opposition

16. Privacy  All persons, including students, have a right to privacy; this includes keeping a student’s actual or perceived gender identity and gender expression private. ✓ Do not disclose identity unless “need to know” in order to implement accommodations. ✓ Mindful of confidentiality when speaking with parents so as to not reveal students identity. ✓ Student has right to discuss gender identity/gender expression when, with whom and how much.

17. Names/Pronouns  Right to be addressed by name and pronoun corresponding to their gender identity consistently asserted at school.  Preferred name shall be included in the electronic student record system along with student’s legal name to inform teachers of the name/pronoun to use when addressing the student.  Students are NOT required to obtain a court ordered name/gender change to be addressed by preferred pronoun.

18. School Records  District is required to maintain mandatory permanent records that include a student’s legal name and legal gender. ✓ If student as a court order, district must change existing records.

19. Restroom Accessibility  Students shall have access to the restroom that corresponds to their gender identity exclusively and consistently asserted at school.  Single stall restroom may be used by any student who desires increased privacy, regardless of the underlying reason.  Single stall restroom shall be a matter of choice and no student shall be compelled to use such a restroom.

20. Locker Rooms & Other Facilities  Students shall have access to use facilities consistent with their gender identity consistently asserted at school. ✓ Reasonable Alternatives: Use of private area or separate changing schedule

21. Sports & Gym Class  Students shall not be denied opportunity to participate in sports and gym class.  Students shall be permitted to participate in PE activities & athletic teams & competitions in accordance with gender identity that is consistently asserted at school.

22. Dress Codes  Students have the right to dress in accordance with their gender identity that is consistently asserted at school, within the constraints of the dress codes adopted at their school.

23. Gender-Segregated Activities To the extent possible, schools should reduce or eliminate the practice of segregating students by gender. In situations where students are segregated by gender, such as for health education classes, students should be included in the group that corresponds to their gender identity.

24. Our Voices Violet, Adam & Kolby

25. Themes My story Pronouns Preferred name/Legal name Family Coming Out Talking with parents What you can do as a counselor

26. Where are you in the process of becoming an ally?

27. Adapted from: Riddle, D. (1994). Alone no more: Developing a school support system for gay, lesbian & bisexual youth. Repulsion PityAcceptance Support Appreciation Nurturance Tolerance Admiration

28. Adapted from: Riddle, D. (1994). Alone no more: Developing a school support system for gay, lesbian & bisexual youth. Repulsion Pity Acceptance Support Appreciation Nurturance Homophobic and Transphobic Levels of Attitude Positive Levels of Attitude Cultural Pre-Competence Cultural Competence Cultural Proficiency Cultural Destructiveness Cultural Incompetence Cultural Blindness Tolerance Admiration

29. Supporting LGBTQ Youth  Acknowledge LGBTQ people are all around you, if you know it or not  Examine your own beliefs & attitudes that might affect your professional responsibilities to LGBTQ youth  Be aware of your language  Don’t stereotype LGBTQ people  Challenge homophobic and transphobic comments  Create a positive physical environment in your counseling center that welcomes and affirms LGTBQ people  Become familiar with LGBTQ resources in the community.  Every situation is unique  Consult and ask for support Adapted from www.lamdalegal.orgwww.lamdalegal.org

30. Interactive Process

31. AGENDA FOR INTERACTIVE PROCESS MEETING: Ask student’s name and pronoun to be used. Explain purpose of meeting is to understand his/hers/their needs and create a support plan (or transition plan if student is transitioning). Explain student’s rights (see above). Explain that this interactive process may require more than one meeting to discuss day-to-day logistics, notification of staff (depending on student’s needs), identification of safe adults/friends and safe spaces, etc. Ask student about goals and hopes, especially specific to school (mostly listen). Share the level of support the school should be prepared to provide student. Ask student about requests of the school (mostly listen and take notes).

32. TOPICS TO COVER 1. Name change and gender on which school records (informal vs. formal name change). Ask student where concerns about name and pronoun comes up most (when there is a sub, testing, etc.) 2.Discuss level of privacy and confidentiality desired by student. 3. Explain that notification of others is a personal decision, not a school-related responsibility. 4.Notify and provide guidance for teachers, registrar, counselor and other adults with a legitimate need to know. 5.Discuss use of public boys’/girls’ restrooms, or single-stall bathrooms. 6.P.E. schedule change or do any other class changes need to be made? 7.Discuss use of boys’/girls’ locker room (confirm private changing stalls, private bathroom stalls and private showers, if needed). Provide transgender students with an accommodation that best meets the needs and privacy concerns. 8.Confirm application of dress code, if any. 9.Staff role and plan of support. Establish reporting protocols for student if he/she encounters problems from students or adults. 10.If student is transitioning, discuss student’s preferred timing to transition (e.g. next week as opposed to later in the year or beginning of next year, this helps with developing a plan of support). 11.Identify safe friends and/or adults to talk with. 12.Set time/date for follow-up meeting to check on student.

33. Resources

34. Questions? Mariana Gomez, Ph.D Program Manager Equity, Culture and Support Services mariana.gomez@sweetwaterschools.org