MSAD 35: TRANSGENDER STUDENTS GUIDELINES 02/01/2023

Transgender and 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 this policy are to: (1) foster a learning environment that is safe and free from

discrimination, harassment and bullying; and (2) assist in the educational and social integration

of transgender and gender expansive students in our schools. This policy is intended to be

interpreted in light of applicable federal and state laws/regulations, as well as other applicable

Board policies, procedures and school rules.

This policy is 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 differ. Administrators and school

staff are expected to consider the needs of students on a case-by-case basis, and to utilize this

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. Except 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 individual transgender and gender

expansive students may wish to be identified. However, for the sake of brevity, this policy

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.”

2. Gender identity – Gender identity is defined in the Maine Human Rights Act as “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.

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’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’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’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’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’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’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, 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.

2.2. 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’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’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.

3.3. 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.

44.. 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.

55.. 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.

6.6. 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: 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’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.

2.2. 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’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