1. 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

2. TERMINOLOGY
GENDER IDENTITY
GENDER EXPRESSION
TRANSGENDER

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

4. Johnston v. Univ. of Pittsburgh (Penn.)

5. May 13, 2016 OCR “Dear Colleague” Letter

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

7. 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

8. Federal Antidiscrimination statutes
TITLE VII
TITLE IX

9. 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

10. 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

11. 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

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

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

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

15. 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?

16. Questions?