MSAD 35: TRANSGENDER STUDENTS GUIDELINES 02/01/2023
TRANSGENDERTransgender STUDENTSand GUIDELINES Gender Expansive Students Guidelines
Revised: February 1, 2023
Legal and Philosophical Background
Maine State law (5 MRSA section 4601) requires that schools support all students in their
preferred gender expression. While we will always seek to partner with parents and families in
the interest of students, we recognize that not all transgender and gender expansive students
experience the same level of safety in and out of school. As noted in the RSU 35 mission
statement, our schools will seek to create a safe, inclusive, differentiated learning environment
in which all students feel safe, heard and supported in the development of their whole selves-social,
emotional, physical and cognitive.
A. Purpose
The purposes of thesethis guidelinespolicy are:are to: (1) to foster a learning environment that is safe,safe and free from
discrimination, harassment and bullying; and (2) to assist in the educational and social integration
of transgender and gender expansive students in our schools. TheseThis guidelinespolicy areis intended to be
interpreted in light of applicable federal and state laws and laws/regulations, as well as other applicable
Board policies, procedures and school rules.
TheseThis guidelinespolicy areis not intended to anticipate every possible situation that may occur, since the needs
of particular students and families differ depending on the student’s age and other factors. In
addition, the programs, facilities and resources of each school also differ. Administrators and school
staff are expected to consider the needs of students on a case-by-case basis, and to utilize these guidelinesthis
policy and other available resources as appropriate.
B. Definitions
The following definitions are not intended to provide rigid labels for students, but to assist in
discussing and addressing the needs of students. TheExcept as specifically defined in Maine law,
the terminology in this area is constantly evolving, and preferences for particular terminology
vary widely. Administrators, school staff, volunteers, students and others who interact with
students are expected to be sensitive to the ways in which particularindividual transgender and gender
expansive students may wish to be identified. However, for the sake of brevity, thesethis guidelinespolicy
refers to “transgender students” and “gender expansive students.”
1. Sexual orientation – Sexual orientation is defined in the Maine Human Rights Act as
an individual’s “actual or perceived heterosexuality, bisexuality, homosexuality or
gender identity or expression.” This is the only term related to these guidelines which is defined in Maine law.
2. Gender identity -– Gender identity is defined in the Maine Human Rights Act meansas “gender-related
identity, appearance, mannerisms or other gender-related characteristics of an
individual, regardless of the individual’s assigned sex at birth.”
3. Gender expression – The manner in which a person represents or expresses gender to
others, often through behavior, clothing, hairstyles, activities, voice or mannerisms.
4. Gender expansive – An umbrella term used to describe a person who expands notions of
gender expression and identity beyond perceived or expected societal gender norms.
5. Transgender – An adjective describing a person whose gender identity or expression is
different from that traditionally associated with an assigned sex at birth.
5.6. Transition – The process by which a person goes from living and identifying as one
gender to living and identifying as another.another gender. For most elementary and secondary
students, this involves no or minimal medical interventions. In most cases, transgenderTransgender students
under the age of 18 are often in a process of social transition from one gender to
another.
C. Addressing the Needs of Transgender and Gender Expansive Students
For the purposes of thesethis guidelines,policy, a student will be considered transgender or gender expansive if,
at school, they consistently assertsassert a gender identity or expression different from the gender assigned at
birth. This involves more than a casual declaration of gender identity or expression, but it does
not necessarily require a medical diagnosis.
TheIf a student and/or their parent(s)/guardian(s) want the school to recognize the student’s
identity as transgender or gender expansive, the following procedure will be used to address needs raised by transgender students and/or their parent(s)/guardian(s). used.
1. A transgender or gender expansive student and/or his/hertheir parent(s)/guardian(s) should
contact the building administrator or the student’s guidance counselor. In the case of a
student who has not yet enrolled in school, the appropriate building administrator
should be contacted.
2. AIf requested by the student, or if deemed necessary by the administration to address
circumstances and needs. In addition to the student, parent(s)/guardian(s) and buildingdepending administrator,on the particular
needs of the student, other participants in the meeting may include the
parent(s)/guardian(s), a building administrator, a guidance counselor or social worker,
the school nurse, teachers and/or other school staff,staff. and possibly outsideOutside providers and/or a support person
for the student may also be included if appropriate.
In the case of a student who canhas assistnot inyet developinginformed their parent(s)/guardian(s), the
administrator should first discuss parent/guardian involvement with the student to
avoid inadvertently putting the student at risk by contacting their parent(s)/guardian(s).
The student will be notified by the administrator prior to contacting their
parent(s)/guardian(s).
3. If requested by the student, or deemed necessary by the administration to address
3. A plan shouldwill be developed by the school,school in consultation with the
student and othersother asmeeting appropriate, to address the student’s particular needs.participants. If the student has an IEP and/or a 504 Plan, the
provisions of these plans should be taken into consideration in developing thea plan for
addressing transgender issues. and gender expansive issues within the school program.
4. The school administration may request documentation from medicaloutside providers orif
deemed necessary to assist staff in developing a plan appropriate for the student.
5. IfAny plan developed must be reviewed and approved by the building administrator. If
the parties involved in developing the plan cannot reach an agreement about the
elements to be included inof the student’s plan, the building administrator and/or Superintendent shall be consulted as appropriate.
6. In the event that the student and their parent/legal guardian do not agree with regard to the student’s transgender status, the district will, whenever possible, abide by the wishes of the student with regard to their gender identity and expression while at school.
D. Guidance on Specific Issues
1. Privacy: TheAll studentstudents planhave shoulda address howright to dealprivacy. withThis disclosures thatincludes the studentright isto transgender.keep private one’s
transgender status or gender non-conforming presentation at school. In some cases, a
student may want school staff and students to know,know that they are transgender or
gender expansive, and in other cases the student may not want this information to be
widely known. Accordingly:
a. The student’s plan shall be kept confidential and shared only with individuals
attending the plan development meeting, the Superintendent, others with a
bona fide need to know, and, if necessary, the District’s legal counsel.
b. As part of the development of the student’s plan, the discussion should include
what information may be shared, to whom the information may be shared, and
how the information should be shared.
c. School staff should take care to follow the student’s plan and not to
inadvertently disclose information that is intended to be kept private or that is
protected from disclosure (such as confidential medical information).information, the
student’s transgender status, their legal name, or sex assigned at birth).
d. School staff should keep in mind that under FERPA, student records may only be
accessed and disclosed to parents/guardians and to staff with a legitimate
educational interest in the information. Disclosures to others should only be
made with appropriate authorization from the administration and/or parents/guardians.
parents/guardians.
2. OfficialSchool Records: Schools are required to maintain a permanentlarge recordnumber of records for
students. If a student whichmakes includesa legal change in their name and/or gender, appropriate
documentation should be provided to the building administrator and gender.records Thiswill informationbe
changed.
A requiredstudent forwho standardized testshas andnot officiallegally changed their name and/or gender may still request that
the school unit reports.utilize Thistheir official information will only be changed upon receipt of documentation that a student’spreferred name and/or gender hason beenschool changedrecords, inand accordancethis
request any applicable laws. Any requests to change a student’s legal name or gender in official records shouldwill be referredhonored to the Superintendent.
To the extent that the school unit is not legally required to use a
student’s legal name or gender on particular records. This information should be
included in any plan developed for the student.
If a student requests a change to their name and/or gender in school records orwithout
parental documents,approval, the Superintendent should be consulted and the matter resolved on
a case by case basis. Students should be informed that parents/guardians have a right
to access all education records of their child and therefore the school shouldcannot usekeep the
change in name andand/or gender identifieda secret. This information should be discussed in the
development of the student’s plan.
In the event of a student transfer to a new school unit, the building administrator will
identify a person who will inform the new school unit or out-of-district school program
that the student’s records indicate a change in name preference, and what the student’s
prior and current name preferences are.
3. Names/Pronouns: AThe student who has been identified as transgender under these guidelines should be addressed by school staffstaff, substitutes,
volunteers and other students by the name and pronoun corresponding to their gender
identity that is consistently asserted at school.
4. Restrooms: AThe student who has been identified as transgender under these guidelines should beis permitted to use the restrooms assignedthat tomost theclosely match their
gender whichidentity. If the student consistently asserts at school. A transgender student who expresses a need for privacyprivacy, they will be provided with
access to reasonable alternative facilities or accommodations such as usinga a single-occupancy
toilet facility or a staff facility. However, athe student shall not be required to
use a separate non-communal facility over their objection.
5. Locker Rooms: AsThe astudent general rule, transgender students will beis permitted to use the locker room assignedthat tomost theclosely
matches their gender whichidentity. If the student consistently asserts at school. A transgender student will not be required to useexpresses a locker room that conflicts with the gender identity consistently asserted at school. A transgender student who expresses a need for privacyprivacy, they will be
provided with access to reasonable alternative facilities or accommodations, such as
using a separate stall, a staff facilityfacility, or separatean alternative schedule.
6. Other Gender-Segregated Facilities or Activities:Activities: As a general rule, in any other
facilities or activities when students may be separated by gender, transgenderthe studentsstudent may
participate in accordance with thetheir gender identityidentity. consistentlyParticipation assertedin atinterscholastic
athletic activities shouldwill be addressed throughin theaccordance with current Maine Principals
Association Transgenderguidelines Participationand Policy. procedures.
7. Dress Code: TransgenderThe studentsstudent mayis dressexpected into accordancecomply with theirBoard consistentlypolicies assertedand school rules
regardless of gender identity, consistent with any applicable requirements in the dress code or school rules. identity.
8.E. Safety and Support for Transgender and TransitioningGender Students:Expansive Students
1. As part of the support plan development, the concerned parties should discuss safe
zones (ex. main office, counselor’s office) the student may access at any time the
student feels unsafe or uncomfortable. A support person (and possibly a back-up
person) should also be identified for each student.
2. School staff are expected to comply with any plan developed for a transgender studentor
gender expansive student.
3. School staff are expected to promptly notify the building administrator or other
designated support person for the student if there are concerns about the plan, or
about the student’s safety or welfare.
4. School staff should be sensitive to the fact that transgender and transitioninggender expansive
students maycan be at higher risk for being bullied or harassed, and should immediately
notify the appropriate administrator if they becomesbecome aware of a problem.
E.F. Staff Training and Informational Materials
1. The Superintendent and/or building principaladministrators may institute in-service training
and/or distribute educational materials about transgender and gender expansive issues
to school staff as they deemsdeem appropriate.
2. Teachers and other staff who have responsibilities for a transgender student with a plan will receive support in implementing the plan.
Legal Reference:
5 M.R.S. §§ 4553(5-C), (9-C); 4592(9)
Cross Reference:
ACAA/ACAA-R Harassment and Sexual Harassment of Students
ACAB Harassment and Sexual Harassment of School Employees
Adopted: April 24, 2019
Revised: November 20, 2019 and February 1, 2023