1. 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

2. Office of Superintendent of Public Instruction

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

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

5. 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

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

8. 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)

10. Do we need a policy and procedure?

11. Support students who transition during the school year

12. Talk with the student!

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

14. Working with Parents

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

16. “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?

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

18. What about school records?

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

20. Official Records: Legal Name

21. Official Records: Gender Designation

22. Should the district request proof of medical treatment?

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

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

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

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

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

28. Should we tell their parents?

29. 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.

30. Ask the student! (privately)

31. Other parents are asking questions, what do we do?

32. Which sports team can she play on?

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

34. WIAA Gender Identity Participation Procedure

35. Which restroom can the student use?

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

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

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

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

40. What about locker rooms?

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

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

43. What about sleeping arrangements for overnight field trips?

44. A reminder about discriminatory harassment

45. Resources
Prohibiting Discrimination Guidelines: Gender Expression & Gender Identity, OSPI (2012)
Sample WSSDA Gender Identity and Gender Expression Policy & Procedure (2013)
Schools In Transition: A Guide for Supporting Transgender in K-12 Schools, NCLR (2015)
*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

46. Contact Us! OSPI Equity and Civil Rights Office
(360) / TTY: (360)