MSAD 35: TRANSGENDER STUDENTS GUIDELINES 02/01/2023

identity, appearance, mannerisms or other gender-related characteristics of an

individual, regardless of the individual’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.

6. Transition –– The process by which a person goes from living and identifying as one

gender to living and identifying as another gender. For most elementary and secondary

students, this involves no or minimal medical interventions. Transgender 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 this policy, a student will be considered transgender or gender expansive if,

at school, they assert 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 require a medical diagnosis.

If a student and/or their parent(s)/guardian(s) want the school to recognize the student’student’s

identity as transgender or gender expansive, the following procedure will be used.

1. A transgender or gender expansive student and/or their parent(s)/guardian(s) should

contact the building administrator or the student’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. If requested by the student, or if deemed necessary by the administration to address

school-related issues, a meeting will be scheduled to discuss the student’student’s particular

circumstances and needs. In addition to the student, and depending 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, and/or other school staff. Outside providers and/or a support person

for the student may also be included if appropriate.

In the case of a student who has not yet informed 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

school-related issues, a plan will be developed by the school in consultation with the

student and other meeting participants. If the student has an IEP and/or a 504 Plan, the

provisions of these plans should be taken into consideration in developing a plan for

addressing transgender and gender expansive issues within the school program.

4. The school administration may request documentation from outside providers if

deemed necessary to assist in developing a plan appropriate for the student.

5. Any 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 of the student’student’s plan, the Superintendent shall be consulted as appropriate.

D. Guidance on Specific Issues

1. Privacy: All students have a right to privacy. This includes the right to keep private one’one’s

transgender status or gender non-conforming presentation at school. In some cases, a

student may want school staff and students to 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’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’District’s legal counsel.

b. As part of the development of the student’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’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, the

student’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.

2. School Records: Schools are required to maintain a large number of records for

students. If a student makes a legal change in their name and/or gender, appropriate

documentation should be provided to the building administrator and records will be

changed.

A student who has not legally changed their name and/or gender may still request that

the school unit utilize their preferred name and/or gender on school records, and this

request will be honored to the extent that the school unit is not legally required to use a

student’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 without

parental 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 cannot keep the

change in name and/or gender a secret. This information should be discussed in the

development of the student’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’student’s records indicate a change in name preference, and what the student’student’s

prior and current name preferences are.

3. Names/Pronouns: The student should be addressed by school staff, substitutes,

volunteers and other students by the name and pronoun corresponding to their gender

identity that is asserted at school.

4. Restrooms: The student is permitted to use the restrooms that most closely match their

gender identity. If the student expresses a need for privacy, they will be provided with

access to reasonable alternative facilities or accommodations such as a single-occupancy

toilet facility or a staff facility. However, the student shall not be required to

use a separate non-communal facility over their objection.

5. Locker Rooms: The student is permitted to use the locker room that most closely

matches their gender identity. If the student expresses a need for privacy, they will be

provided with access to reasonable alternative facilities or accommodations, such as

using a separate stall, a staff facility, or an alternative schedule.

6. Other Gender-Segregated Facilities or Activities: As a general rule, in any other

facilities or activities when students may be separated by gender, the student may

participate in accordance with their gender identity. Participation in interscholastic

athletic activities will be addressed in accordance with current Maine Principals

Association guidelines and procedures.

7. Dress Code:Code: The student is expected to comply with Board policies and school rules

regardless of gender identity.

E. Safety and Support for Transgender and Gender Expansive Students

1. As part of the support plan development, the concerned parties should discuss safe

zones (ex. main office, counselor’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 or

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’student’s safety or welfare.

4. School staff should be sensitive to the fact that transgender and gender expansive

students can be at higher risk for being bullied or harassed, and should immediately

notify the appropriate administrator if they become aware of a problem.

F. Staff Training and Informational Materials

1. The Superintendent and/or building administrators may institute in-service training

and/or distribute educational materials about transgender and gender expansive issues

to school staff as they deem appropriate.

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