MSAD 35: AFFIRMATIVE ACTION PLAN

TRANSGENDER STUDENTS GUIDELINES 

A. Purpose

The purposes of these guidelines are: 1) to foster a learning environment that is safe, and free  from discrimination, harassment and bullying; and 2) to assist in the educational and social  integration of transgender students in our schools. These guidelines are intended to be  interpreted in light of applicable federal and state laws and regulations, as well as Board policies,  procedures and school rules. 

These guidelines are 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 guidelines 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. 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 particular transgender students may wish to be identified. However, for the sake  of brevity, these guidelines refer to “transgender 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 in the Maine Human Rights Act means “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. Transgender – An adjective describing a person whose gender identity or expression is  different from that traditionally associated with an assigned sex at birth. 

5. Transition – The process by which a person goes from living and identifying as one  gender to living and identifying as another. For most elementary and secondary students,  this involves no or minimal medical interventions. In most cases, transgender students  under the age of 18 are in a process of social transition from one gender to another.

C. Addressing the Needs of Transgender Students 

For the purposes of these guidelines, a student will be considered transgender if, at school, they consistently asserts 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.  

The following procedure will be used to address needs raised by transgender students and/or  their parent(s)/guardian(s). 

1. A transgender student and/or his/her 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. A meeting should be scheduled to discuss the student’s particular circumstances and  needs. In addition to the student, parent(s)/guardian(s) and building administrator, other  participants may include the guidance counselor or social worker, school nurse, teachers  and/or other school staff, and possibly outside providers who can assist in developing a  plan for that student.  

3. A plan should be developed by the school, in consultation with the student, parent(s)/ guardian(s) and others as appropriate, to address the student’s particular needs. If the  student has an IEP and/or a 504 Plan, the provisions of these plans should be taken into  consideration in developing the plan for addressing transgender issues. 

4. The school may request documentation from medical providers or other service providers as necessary to assist staff in developing a plan appropriate for the student. 

5. If the parties cannot reach an agreement about the elements to be included in the 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: The student plan should address how to deal with disclosures that the student is  transgender. In some cases, a student may want school staff and students to know, and in  other cases the student may not want this information to be widely known. 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).  

School staff should keep in mind that under FERPA, student records may only be  accessed and disclosed 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. Official Records: Schools are required to maintain a permanent record for each student  which includes legal name and gender. This information is also required for standardized  tests and official school unit reports. This official information will only be changed upon  receipt of documentation that a student’s name or gender has been changed in accordance  with any applicable laws. Any requests to change a student’s legal name or gender in  official records should be referred to the Superintendent. 

To the extent that the school is not required to use a student’s legal name or gender on  school records or other documents, the school should use the name and gender identified  in the student’s plan. 

3. Names/Pronouns: A student who has been identified as transgender under these  guidelines should be addressed by school staff and other students by the name and  pronoun corresponding to their gender identity that is consistently asserted at school. 

4. Restrooms: A student who has been identified as transgender under these guidelines  should be permitted to use the restrooms assigned to the gender which the student  consistently asserts at school. A transgender student who expresses a need for privacy  will be provided with reasonable alternative facilities or accommodations such as using a  single-occupancy toilet facility or a staff facility. However, a student shall not be  required to use a separate non-communal facility over their objection.  

5. Locker Rooms: As a general rule, transgender students will be permitted to use the locker  room assigned to the gender which the student consistently asserts at school. A  transgender student will not be required to use a locker room that conflicts with the  gender identity consistently asserted at school. A transgender student who expresses a  need for privacy will be provided with reasonable alternative facilities or  accommodations, such as using a separate stall, a staff facility or separate 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, transgender students may participate in accordance with the gender identity consistently asserted at school.  

Interscholastic athletic activities should be addressed through the Maine Principals  Association Transgender Participation Policy. 

7. Dress Code: Transgender students may dress in accordance with their consistently  asserted gender identity, consistent with any applicable requirements in the dress code or  school rules. 

8. Safety and Support for Transgender and Transitioning Students: School staff are expected  to comply with any plan developed for a transgender student and to 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. 

School staff should be sensitive to the fact that transgender and transitioning students  may be at higher risk for being bullied or harassed, and should immediately notify the appropriate administrator if they becomes aware of a problem. 

E. Staff Training and Informational Materials 

1. The Superintendent and/or building principal may institute in-service training and/or  distribute educational materials about transgender issues to school staff as they deems 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