USBE Gender Identity Guidance

Table of Contents

• Disclaimers
• Background
• Age Considerations
• Facilities
• Determination of Gender Identity
• Dress Code
• Overnight Trips
• Records/Privacy/Confidentiality
• Physical Education
• Other School Activities
• Preferred Names/Pronouns
• Taking Decision-Making Out of the Classroom

State Policies Included:

• Illinois 2020

• Virginia 2021

• Hawaii 2016

• Texas 2021

• Maryland 2015

• New Jersey 2018

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 Disclaimers

USBE 1st Questions are frequently asked about the rights of transgender, non-binary, and
Draft gender diverse students to be referred to by a different name or pronoun as their
name on record in school. This guidance document enumerates laws, policies, and
best practices to address these questions. This guidance does not anticipate every
situation that may occur, and the needs of each student must be assessed on a case-
by-case basis. Every student and school are unique and building administrators should
discuss these issues with students and their families and draw on the experiences and
expertise of their colleagues as well as external resources where appropriate.

Hawaii This guidance provides assistance regarding common issues of concern that need to be
addressed to provide appropriate supports for transgender students and the school
community. These guidelines are designed to provide basic direction for schools. They
will not cover every situation that arises. The intent is to provide immediate guidance
for schools to create a safe and nurturing learning environment for all students and to
provide school officials with awareness of best practices to address situations as they
arise.

Transgender students’ needs can be highly individualized depending upon the

circumstances of the student. Each student’s needs should be assessed on a case-by
case basis, which can be accomplished by meeting with the student and, if appropriate,
with the student’s parents or guardians. School staff should let the student take the
lead in determining and expressing their own gender identity and should be mindful of
the student’s right to privacy and confidentiality with respect to their gender identity
and expression.

Texas This document is provided for educational purposes only and contains information to
facilitate a general understanding of the law. It is not an exhaustive treatment of the
law on this subject, nor is it intended to substitute for the advice of an attorney. Consult
with your own attorneys to apply these legal principles to specific fact situations.

Maryland It is the hope of the Maryland State Department of Education that this document may
provide technical guidance and assistance as each Maryland school system works to
support the rights of all students, including those who are transgender and gender
nonconforming. These guidelines are designed to serve as suggestions for consideration
for school systems and administrators who may want to develop their own transgender
policy, procedures, and/or guidelines. These non-discrimination guidelines are not
intended to address every situation that might occur with respect to transgender or
gender non-conforming students. In all cases, the goal is to provide equal educational
opportunity and healthy development of students.

Background

USBE 1st The Utah State Board of Education recognizes that academic success depends on
Draft access to an educational environment that is safe, conducive to the learning process,

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 and free from unnecessary disruption, discrimination, and harassment. We value
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educational equity which the Board has defined as “acknowledging that all students
are capable of learning, educational equity is the distribution of resources to provide
equal opportunities based upon the needs of each individual student. Equitable
resources include funding, programs, policies, initiatives and support that recognize
each student’s unique background and school context to guarantee that all students
have access to high-quality education.” Educators have a responsibility to create and
maintain an environment of dignity and respect for all, and to strive for
understanding. They must foster a learning environment that is safe and respectful of
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all students by implementing principles and strategies of inclusion, as they pertain to

students with varying abilities and backgrounds. 3

Many transgender, non-binary, and gender diverse students struggle to feel a sense of
inclusion, belonging, and support in the educational environment. They are often at
greater risk for negative outcomes due to perceptions of others regarding their gender
identity. Transgender, non-binary, and gender diverse students are at increased risk of
discrimination, prejudice, denial of civil and human rights, family rejection,
homelessness, bullying/assault, depression, suicidal ideation/attempts/completion,
substance abuse, HIV/AIDS, human trafficking, reduced academic achievement,
absenteeism, and dropping out (SHARP Survey data, 2019; Murphy, L. T., 2017; Pollitt
et al., 2019; Robinson & Espelage, 2011; Robinson & Espelage, 2012; Russell et al.,
2018; Ryan et al., 2010; USDOJ & USDOE, 2021).

Hawaii Recently, more students have felt comfortable expressing their transgender identity and
requesting support in school. In addition, more and more parents have been asking
schools to recognize and accommodate the needs of their transgender children. For
many students, schools are seen as safe spaces for authentic expression. Consequently,
it is important to determine what is most appropriate for our students, both those who
identify as transgender and those who do not.

While transgender student issues have moved to the forefront of the educational
landscape, and many jurisdictions, including Hawai`i, have implemented guidance to
support transgender students, it is important to remember these students still face many
obstacles. The Gay, Lesbian, Straight Education Network (“GLSEN”) conducts a biennial
national school climate survey focusing on the educational experiences of gay, lesbian,
bisexual, and transgender students. GLSEN’s 2013 National School Climate Survey found
that LGBT students who experienced LGBT related discrimination in school were three
times more likely to have missed school in the past month, had lower GPAs than their
peers, and had lower self-esteem, and higher levels of depression than their peers. 1

Examples of discrimination specific to transgender students included, but were not

limited to, being prevented from using preferred names and pronouns, and being
required to use the restroom/locker room of their assigned sex at birth. 2

Schools play a vital role in the development of students’ well-being, and it is important
that we continue to work collaboratively with all students and their families.

Maryland In “Growing Up LGBT (Lesbian, Gay, Bisexual, Transgender) in America,” the Human
Rights Campaign Foundation’s groundbreaking survey of more than 10,000 LGBT youth,

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 42 percent of gender non-conforming youth report “frequently” or “often” being called
names and 40 percent report being excluded by peers “frequently” or “often”. More
than half of gender nonconforming youth reported “never” participating‖ in the majority
of activities listed in the survey (e.g., sports, church/religious youth groups and service
organizations) out of fear of discrimination.

Additional research indicates that 80 percent of transgender students feel unsafe at

school because of who they are. According to data from Center for Disease Control’s
Youth Risk Behavior Survey (2011), the percentage of gay, lesbian, and bisexual students
(across sites) who did not go to school at least one day during the 30 days before the
survey because of safety concerns ranged from 11 percent to 30 percent of gay and
lesbian students and 12 percent to 25 percent of bisexual students.

The Journal of Adolescent Health (2015) reported that compared with non-transgender
youth, transgender youth had an elevated probability of being diagnosed with
depression (50.6 percent vs. 20.6 percent); suffering from anxiety (26.7 percent vs. 10
percent); attempting suicide (17.2 percent vs. 6.1 percent); and engaging in self-harming
activities without lethal intent (16.7 percent vs. 4.4 percent).

The need for protections for transgender and gender non-conforming students is clear.
According to a 2011 report from the National Center for Transgender Equality and the
National Gay and Lesbian Task Force, 132 Maryland respondents who expressed
transgender identity or gender nonconformity while in grades K-12 reported alarming
rates of harassment (81percent), physical assault (38 percent) and sexual violence (16
percent). A staggering 43 percent reported that they had attempted suicide at some
point in their life, 27 times the rate of the general population of 1.6 percent. Harassment
was so severe that it led 6 percent to leave a school in K12 settings or leave higher
education. In addition, the Gay, Lesbian, and Straight Education Network (GLSEN, 2014)
reports that students who experienced high levels of victimization based on gender
expression were twice as likely as students who did not experience high levels of
victimization to report that they did not plan to pursue post-secondary education.

Rather than focusing on their education, many transgender and gender non-conforming
students struggle for the ability to come to school and be themselves. The National
Center for Transgender Equality reports that 59 percent of transgender students have
been denied access to restrooms consistent with their gender identity. Some are denied
opportunities to go on field trips or participate in sports. Together with bullying and
victim-blaming, these conflicts can lead to disproportionate discipline and involvement in
the juvenile justice system.

Virginia The Virginia Department of Education continues to be committed to working with school
divisions to ensure a positive, safe, and nurturing learning environment for all students.
It is important that as education leaders we affirm our commitment to advancing equity
in Virginia’s public schools. Efforts to advance equity priorities include developing a
culturally competent workforce of educators, closing opportunity and achievement gaps
among marginalized student groups, increasing access to high quality early learning
opportunities, and maximizing the potential of every Virginia student. The key guiding

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principle of the model policies is that all children have a right to learn, free from
discrimination and harassment.

For many people, their gender identity matches their sex assigned at birth. For others,
their gender identity does not necessarily correspond to the sex assigned at birth, where
the gender identity may be one in a range such as transgender, nonbinary, or gender-
expansive. Gender identity is considered an innate characteristic that most children
declare by age five to six (Lamb & Lerner, 2015). In 2020, the American Psychological
Association (APA) and National 9 Association of School Psychologists (NASP) declared in a
resolution that “all persons, including children and adolescents who are diverse in their
sexuality and gender identities, expression, and/or presentation, have the inherent
human right to equal opportunity and a physically and psychologically safe environment
within all institutions.” The American Academy of Pediatrics (2018) also acknowledged
that, “variations in gender identity and expression are normal aspects of human
diversity.”

School divisions are encouraged to develop comprehensive policies, regulations,

guidance and implementation plans to minimize social stigmatization for such students
and maximize opportunities for social integration so that all students have an equal
opportunity to attend school, be engaged, and achieve academic success. This process
should be informed by the needs of students, and the strongest policies are developed
when they include student participation. A recent study found that inclusive policies that
focus on sexual orientation and gender identity were associated with more supportive
school environments for LGBTQ+ youth and had a direct association with less truancy
(Day, Ioverno, & Russell, 2019). While the terminology transgender is used throughout
this document, it should be interpreted to include genderexpansive, nonbinary, and
gender nonconforming individuals who do not identify on the cisgender binary.

Because of societal prejudice and lack of awareness or understanding, transgender

students may experience rejection, criticism, or bullying, that affect their emotional
health and academic achievement. A 2019 national survey by GLSEN found that 84
percent of transgender youth feel unsafe at school, and those who experience
victimization have significantly lower GPAs, are more likely to miss school out of concern
for their safety, and are less likely to plan on continuing their education (Kosciw, Clark,
Truong, & Zongrone, 2020). Compared to their 10 cisgender and heterosexual peers,
LGBTQ+ youth report much higher rates of depression, anxiety, alcohol and drug use,
and lower self-esteem. LGBTQ+ youth of color may experience additional stress and
adverse effects as a result of their intersecting identities, facing both bias against their
gender identity or expression as well as racism. Research has shown that LGBTQ+
students experience higher levels of victimization because of their gender identity
and/or gender expression and have more adverse outcomes compared to their cisgender
and heterosexual peers (Human Rights Campaign Foundation, 2018):

● 73 percent of surveyed LGBTQ+ youth have experienced verbal threats because of

their actual or perceived LGBTQ+ identity.

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 ● 77 percent of surveyed LGBTQ+ youth report feeling depressed or down over the past
week, and more than 70 percent report feelings of worthlessness and hopelessness in
the past week.

● 95 percent of surveyed LGBTQ+ youth report trouble sleeping at night.

Furthermore, a recent study found that socially transitioned transgender children who
are supported in their gender identity have no elevations in depression and only minimal
elevations in anxiety relative to population averages (Olson, Durwood, DeMeules, &
McLaughlin, 2016). According to the Office of Civil Rights (OCR), “in cases where a
complaint alleges that a school’s action or policy excludes a person from participation in,
denies a person the benefits of, or subjects a person to discrimination under an
education program or activity, on the basis of sex, the Bostock opinion guides OCRs
understanding that discrimination against a person based on their status as homosexual
or transgender generally involves discrimination on the basis of their biological sex.
“(OCR, 2020). For transgender students, acts of verbal harassment may include the
intentional and persistent use of names and pronouns not consistent with their identity.
Sexbased harassment may also include the disclosure of the student’s gender identity
without their consent as this presents safety concerns for the student.

Age Considerations

Utah The age of the student will impact the school’s involvement of parents; however, parental
LEA 1 participation is not required for a student to request an accommodation. Students are
informed that parents will be made aware of any accommodation that is granted and are
encouraged to include their parents in the process.

Parental involvement is addressed on a case-by-case basis. The paramount consideration is

the health and safety of the student, while also making sure that the student’s gender
identity is affirmed in a manner that maintains privacy and confidentiality. Grades K-5:
Generally, the parent or guardian will inform the school of an impending transition.
However, it would be appropriate to approach the parent of an elementary school student
if school personnel believe that a gender identity or expression issue is presenting itself at
school and creating difficulty for the student. Grades 6-12: Generally, notification from
students’ parents about their students’ gender identity, gender expression, or transition is
unnecessary.

Utah LEA will accommodate preferred name and/or gender change requests without legal
LEA 2 documentation for unofficial records maintained by the LEA, such as report cards, class
lists, other informal district documents, etc. Parent/legal guardian, 18+ student, or
emancipated student needs to make the request through student services.

Hawaii Be mindful of how students’ chronological and developmental age, as well as family
support may affect the process. For preschool and elementary school-aged children, the
level of parental involvement may look different than for middle school and high school-
aged students. However, supporting a student’s health, well-being, and safety is always
paramount. When a transgender, nonbinary, or gender nonconforming student does not

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 have a supportive home environment, regardless of their age, the Gender Support
Coordinator can work with the student to identify what course of action will prioritize their
safety.

Virginia In the situation when parents or guardians of a minor student (under 18 years of age) do
not agree with the student’s request to adopt a new name and pronouns, school divisions
will need to determine whether to respect the student’s request, abide by the parent’s
wishes to continue using the student’s legal name and sex assigned at birth, or develop an
alternative that respects both the student and the parents. This process will require
consideration of short-term solutions to address the student’s emotional needs to be
affirmed at school as well as the long-term goal of assisting the family in developing
solutions in their child’s best interest. For example, a plan may include addressing the
student at school with their name and pronoun consistent with their gender identity while
using the legal name and pronoun associated with the sex assigned at birth when
communicating with parents or guardians. Research has shown that transgender youth
with supportive families experience a 52 percent decrease in recent suicidal thoughts and
46 percent decrease in suicide attempts (Ryan, Russell, Huebner, Diaz, & Sanchez, 2010)
and that “chosen name used in more contexts was associated with lower depression,
suicidal ideation, and suicidal behavior” (Russell, Pollitt, Li, & Grossman, 2018). Thus,
school staff should be prepared to support the safety and welfare of transgender students
when their families are not affirming. School staff should provide information and referral
to resources to support the student in coping with the lack of support at home, provide
information and resources to families about transgender issues, seek opportunities to
foster a better relationship between the student and their family, and provide close follow-
ups with the family and student. Before making a decision on policies relating to situations
when parents or guardians are not accepting of the student’s gender identity, school
divisions should consult their school board attorney.

Facilities

Hawaii Restrooms - Schools may maintain separate restroom facilities for male and female
students. Students should have access to restrooms that correspond to their sincerely
held gender identity.

When a transgender student’s support includes access to a restroom that corresponds

with their sincerely held gender identity, there may need to be accommodations made
for other students. In this case, if any student, whether transgender or not, desires
increased privacy, or feels uncomfortable, schools should make every effort to provide
the student with reasonable access to an alternative restroom (e.g., single-stall restroom
or the health office restroom). A transgender student should determine which restroom
to use. A transgender student should not be compelled to use an alternative restroom.
Schools may take steps to designate single stall “gender-neutral” restrooms on their
campus.

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 EXAMPLE ONE: A transgender male (female to male) student wants to use the boys’
restrooms on campus. He should be allowed to use the boys’ restroom since this is
consistent with his sincerely held gender identity.

EXAMPLE TWO: A non-transgender female student is uncomfortable because a

transgender female (male to female) has been using the girls’ restroom. The
nontransgender female student should be allowed to use an alternative restroom.

EXAMPLE THREE: A transgender female (male to female) is uncomfortable using the girls’
restroom, but does not want to use the boys’ restroom since she feels unsafe in that
environment. The student should be allowed to use an alternative restroom as in the
example above.

EXAMPLE FOUR: A student who appears to be male is seen walking into the girl’s
restroom. When approached by school personnel, the student indicates that their
sincerely held gender identity is female. The student should be allowed to use the
restroom of the gender with which the student identifies. Inform the student that, upon
request, the school will work with the student regarding support and accommodations.

Locker Rooms - Schools may maintain separate locker room facilities for male and female
students. Students should have access to the locker room facility that corresponds to
their sincerely held gender identity. When a transgender student’s support includes
access to a locker room that corresponds to their sincerely held gender identity, there
may need to be accommodations made for them or other students. If any student,
whether transgender or not, desires increased privacy, regardless of the underlying
reason, schools should provide access to a reasonable alternative, such as: (1)
Assignment of a student locker in close proximity to the coaches’ office or a supportive
peer group; (2) Use of a private area within the public area of the locker room facility; (3)
Use of a nearby private area; or (4) A separate changing schedule.

EXAMPLE ONE: A transgender male (female to male) wants to change in the boys’ locker
room. As long as the student feels safe, he should be allowed to change in the boys’
locker room.

EXAMPLE TWO: A transgender male (female to male) is uncomfortable changing in the

boy’s locker room, but does not want to change in the girls’ locker room because he
identifies as male and feels that it would be inappropriate. The school should attempt to
accommodate the student using one of the alternatives listed in the Guidance or another
similar alternative.

EXAMPLE THREE: A transgender female (male to female) has chosen to change in the
girls’ locker room. Several non-transgender female students are uncomfortable with this
situation. The non-transgender female students should be provided one of the
alternatives listed in this Guidance or other, similar alternatives.

Illinois Both state and federal law have clearly defined that all students must be able to fully and
equally access facilities in alignment with their gender identity.

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F-1. May a school require that a transgender, nonbinary, or gender nonconforming
student use the restroom or locker room that corresponds with the student’s sex assigned
at birth? No. Students must be allowed to use the facilities that correspond with their
gender identity. Schools cannot impose on transgender, nonbinary, and gender
nonconforming students conditions on the use of facilities that are not required of other
students.

F-2. What legal provisions apply to the use of school facilities by transgender, nonbinary,
and gender nonconforming students? The IHRA expressly guarantees “the full and equal
enjoyment of . . . facilities” which means that transgender, nonbinary, and gender
nonconforming students have the right to use a school’s physical facilities consistent with
their gender identity. 775 ILCS 5/1-102(A); 1-103(O1). Under state law, a school must
provide students “full and equal” use of all school facilities; it is not enough to provide
students mere “access”. Federal law likewise protects a student’s right to use school
facilities that correspond with the student’s gender identity. School policies that deny
students use of restrooms, locker rooms, changing rooms, or other facilities that
correspond with their gender identity violate Title IX and the Equal Protection Clause.
See, e.g., J.A.W. v. Evansville Vanderburgh Sch. Corp., 396 F. Supp. 3d 833 (S.D. Ind. 2019)
(denial of restroom use violates Title IX and the Constitution); Whitaker, at 1049 (school
required to allow transgender boy to use male restrooms); Doe by & through Doe v.
Boyertown Area Sch. Dist., 897 F.3d 518, 526-32 (3d Cir. 2018) (affirming district court's
denial of plaintiffs’ motion for preliminary injunction, stating “There is simply nothing
inappropriate about transgender students using the restrooms or locker rooms that
correspond to their gender identity.”). These protections apply to students of all genders,
including nonbinary and gender nonconforming students.

F-3. What if some students or parents are uncomfortable with transgender, nonbinary,
and gender nonconforming students using school facilities that correspond with their
gender identity? Under state and federal law, the discomfort or privacy concerns of
students, teachers, or parents are not valid reasons to deny or limit the equal use of
facilities by transgender, nonbinary, and gender nonconforming students. Rather, the
interest of any student seeking more privacy should be addressed by providing that
student a more private option upon their request. “The prejudices of others are part of
what the [Human Rights Act] was meant to prevent.” P.S. and Komarek Sch. Dist. 94, ALS
No. 16-0003 (Ill. Hum Rts. Comm’n March 15, 2018 and February 4, 2019). “[T]here is no
right that insulates a student from coming in contact with others who are different than
them or a Bathroom Privacy Act, unless the behavior violates a school policy or is
criminal.” Id. The presence of a transgender student in a locker room simply does not
“implicate the constitutional privacy rights of others with whom such facilities are
shared.” Students & Parents for Privacy v. United States Dep’t of Educ., 16-CV-4945, 2017
WL 6629520, at *5 (N.D. Ill. Dec. 29, 2017). If school districts are found to have violated
the IHRA or Title IX, they will be subjected to significant monetary liability, including
damages, attorneys’ fees, and costs.

F-4. What are the best practices for ensuring all students have access to school facilities
that correspond with their gender identity? Facilities should be safe and accessible.
Facilities include, but are not limited to, locker rooms, restrooms, showering facilities,
costume rooms/backstage areas, nurse’s offices, and athletic training rooms. Facilities

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 also include any communal area where a student may be required to undress, such as a
gym used for a scoliosis screening or a weigh-in for a wrestling match. Districts that
designate all-gender and/or secure-access restrooms should ensure that these facilities
are safe and accessible, and not located in a place that will cause interference with a
student’s academics or other school-related activities. Gender-neutral restrooms are
sometimes located in inconvenient locations, resulting in lost instructional time for
transgender students. Any alternative arrangement should be provided in a way that
protects the student’s privacy and is consistent with the student’s Gender Support Plan, if
one exists. Allow additional time to use facilities, if necessary. If using an alternative
facility would cause a student to be late, the student should be allotted additional time to
use the facilities and not be punished for tardiness. Provide options for all students. If any
student desires more privacy when using a facility, that student should be allowed to use
the appropriate facilities. Increase single-occupancy facilities. Districts are encouraged to
incorporate single-occupancy facilities and to increase privacy for all facilities when
considering new construction or renovation.

Maryland Restrooms - The following suggestions may assist school systems in creating a non-
discriminatory and equitable school environment.
• Provide access to the restroom that corresponds to the student’s gender
identity.
• Designate any available single stall restroom with a locking door as a
unisex/gender neutral restroom and as available to all students. If a single stall
student restroom is not generally available, designate a private restroom such as
one in the health suites for any student who requests increased privacy and
safety, for any reason. This accommodation may be offered to all students.
• Permit transgender and gender non-conforming students whose gender identity
is not exclusively male or female to use facilities they believe are the most
consistent with their safety and gender identity.

Locker Rooms - Respectful and careful review of all relevant factors and concerns is
essential when considering the locker room issue.
• Provide access to the locker room that corresponds to the student’s gender
identity.
• Provide the option to use a safe and non-stigmatizing private alternative space
for any student who is uncomfortable using shared facilities.
• Provide reasonable alternative arrangements for any student who expresses a
need or desire for increased privacy. Alternative arrangements should be
provided in a way that protects the transgender student’s ability to keep his or
her transgender status confidential.
o Based on availability and appropriateness to address privacy concerns,
such arrangements could include, but are not limited to:
▪ Assignment of a student locker in near proximity to the coaches’
office or a supportive peer group.
▪ Use of a private area within the public area of the locker room
facility (e.g. nearby restroom stall with a door or an area
separated by a curtain).

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 ▪ Use of a nearby private area (e.g. nearby restroom or a health
office restroom).
▪ A separate changing schedule (either utilizing the locker room
before or after the other students)

Texas What should a school district do if a transgender student requests to use sex-specific
restrooms or locker rooms based on the student’s gender identity? [Legal background is
provided asserting that the legal trend strongly supports a student’s right to use the
facilities corresponding to the student’s gender identity.] Due to the legal background
described they state—It remains clear that the transgender student has a right to be free
from discrimination or harassment based on gender identity, while other students may
claim a right to privacy or raise a safety concern about sharing a sex-specific facility with a
transgender student. Districts are tasked with finding a reasonable resolution that
addresses each situation as best as possible, in light of nondiscrimination principles and
practical options.

As an initial step, the school district should communicate with the transgender student
and the student’s parents to determine the student’s preference as to gender-specific
facilities. Some school officials who have worked with parents and transgender students
have found that the student voluntarily agrees to or prefers a separate unisex restroom,
shower and changing area. If available, the district may make individual-user facilities an
option for any student seeking greater privacy. Such facilities should be selected with
safety, accessibility, and lack of educational disruption in mind.

While separate unisex facilities may work for some transgender students, others may feel
that such an arrangement negatively singles them out and isolates them from their peers.
Consequently, the transgender student may request to use communal sexspecific
facilities that match the student’s gender identity. There is no law that prohibits a district
from granting the transgender student’s request to use these facilities. If other students
or their parents object to the use of a sex-specific facility by a transgender student, a
school district may be able to amicably address the competing interests by making
individual-user facilities and private areas available for all students.

If the transgender student’s requests are not granted, then a school district will need to
be prepared to demonstrate all the options considered and attempted, and to articulate
a reasonable, non-discriminatory rationale for denying any requests.
Due to the potential risk of litigation, a district should promptly consult with legal counsel
in order to determine a defensible plan of action, including documentation of the
district’s efforts to address legitimate safety and privacy concerns while upholding the
principles of nondiscrimination.

New All students are entitled to have access to restrooms, locker rooms and changing facilities
Jersey in accordance with their gender identity to allow for involvement in various school
programs and activities.

In all cases, the school principal must work with the student and staff so all parties are
aware of facility policies and understand that the student may access the restroom,
locker room, and changing facility that corresponds to the student's gender identity.

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 While some transgender students will want that arrangement, others may be
uncomfortable with it. Transgender students who are uncomfortable using a sex-
segregated restroom should be provided with a safe and adequate alternative, such as a
single "unisex" restroom or the nurse's restroom. Similarly, some transgender students
may be uncomfortable using the changing facilities that correspond to the student's
gender identity. Non-transgender students should also be afforded the option to use a
private facility, such as a unisex facility or the nurse’s restroom, should they feel
uncomfortable.

• School districts shall allow a transgender student to use a restroom or locker

room based on the student’s gender identity.

• Reasonable alternative arrangements shall be made if needed to ensure a

student’s safety and comfort. This direction for accommodations should come
from the student.

Virginia All students are entitled to have access to restrooms, locker rooms, and changing
facilities that are sanitary, safe, and adequate, so that they can comfortably and fully
engage in their school programs and activities. Schools frequently maintain separate
restrooms, locker rooms or other facilities for males and females. Students should be
allowed to use the facility that corresponds to their gender identity. While some
transgender students will want that access, others may want alternatives that afford
more privacy. Taking into account existing school facilities, administrators should take
steps to designate gender-inclusive or single-user restrooms commensurate with the size
of the school. When schools have available gender-inclusive or single-user restrooms or
private changing areas, these restrooms or areas should be accessible to all students
without special codes or keys. This would allow for any students seeking privacy to access
single-user restrooms and private changing areas voluntarily. For locker room facilities
without private changing areas, school divisions should make reasonable
accommodations for requests for increased privacy. At the request of any student,
schools should offer alternative arrangements such as a separate changing schedule, use
of a nearby private area, access to a staff member’s office, not requiring students to dress
in uniform for physical education, or offering alternatives to in-person physical education.
Any accommodations offered should be nonstigmatizing and minimize lost instructional
time. Also, note that any information related to accommodations should be handled in
such a way as to protect the student’s privacy relating to their gender identity.

It can be emotionally harmful for a transgender student to be questioned regarding the

use of restrooms and facilities. School staff should not confront students about their
gender identity upon entry into the restroom. Furthermore, as school divisions plan for
new school facilities or renovations, they should consider generally accommodating
students who want more privacy such as designing additional single-user or gender-
inclusive restrooms or changing areas. Additionally, § 22.1-6.1 of the Code of Virginia
requires each school board to make menstrual supplies available at all times and at no
cost to students in accessible locations in each elementary school and in the bathrooms
of each middle and high school. Accordingly, these supplies should be made available in
all bathrooms to be gender-inclusive.

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 Determination of Gender Identity

Hawaii Schools should accept a student’s sincerely held gender identity. A student does not need
a medical or mental health diagnosis or treatment threshold to have his or her gender
identity recognized and respected.

A transgender student who is ready to socially transition, regardless of whether the

student is undergoing medical transition, may initiate a process to change how the
student is addressed (preferred name, preferred pronoun), their attire, and access to
preferred activities and facilities.

EXAMPLE ONE: A student who appears to be male is consistently seen wearing clothing
that is traditionally considered female, such as skirts and dresses. The student regularly
uses facilities designated for males and has never requested to do otherwise. The student
continues to use the student’s legal name, which is a traditionally male name. In this
instance, it may not be necessary to do anything. This student appears to be gender
nonconforming and may or may not identify as transgender. If the student is
experiencing bullying or harassment, a counselor or other appropriate school official
should intervene with supports to address the bullying or harassment.

EXAMPLE TWO: A student and the student’s parents request a meeting with the principal.
The student has documentation from a medical professional regarding the student’s
gender identity. This instance is much more straightforward. Again, this meeting, or a
subsequent meeting, can be used to establish a Student Support Plan for Gender Identity
for the transgender student. The counselor or school administrator should then follow up
with the appropriate school personnel to inform them of the student’s gender identity
and the agreed upon supports.

EXAMPLE THREE: A student who appears female approaches a teacher and gives a male
name and requests to be referred to using male pronouns. The teacher should agree to
use the student’s preferred name and pronouns and inform the student that, upon
request, the school will work with the student regarding support and accommodations.

Illinois In their definitions: Gender Identity. A person’s internal, deeply held sense or
psychological knowledge of their own gender that can include being female, male,
another gender, nonbinary, gender nonconforming, or no gender, and is unrelated to the
person’s sex assigned at birth. Gender identity is an innate part of a person’s identity, and
the responsibility for determining an individual’s gender identity rests with the individual.
Unlike gender expression, gender identity is not visible to others.

E-3: Provide all students with opportunities to indicate how they wish to be addressed.
Schools should survey all students on an annual basis to determine how they wish to
identify themselves during school-related functions and how they wish to be addressed in
communications with their parent(s)/guardian(s), including on all documents sent to their
parent(s)/guardian(s). In addition, students should be allowed to update this information
upon request.

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Maryland Modify forms that allow families and students the ability to self-identify their gender and
preferred names and pronouns. Multiple federal and state agencies have adopted a two-
part question that asks separately about current gender identity and sex assigned at
birth.

Privately ask students how they want to be addressed in class and whether this will be
different when in correspondence to the home or at conferences with the student’s
parents or guardians.

Permit transgender and gender non-conforming students to discuss and express their
gender identity openly and to decide when, with whom, and how much private
information may be shared.

New A school district shall accept a student’s asserted gender identity; parental consent is not
Jersey required. Further, a student need not meet any threshold diagnosis or treatment
requirements to have his or her gender identity recognized and respected by the district,
school or school personnel. Nor is a legal or court-ordered name change required. There
is no affirmative duty for any school district personnel to notify a student’s parent or
guardian of the student’s gender identity or expression.
Communication with the student is paramount. Schools and school districts are
encouraged to communicate openly, albeit confidentially, with students regarding their
transgender status or gender identity. Proper communication with the student will
ensure that appropriate steps are taken to determine a student’s preferences and
address potential privacy concerns and associated risks to the student’s well-being.

Virginia School divisions should accept a student’s assertion of their gender identity without
requiring any particular substantiating evidence, including diagnosis, treatment, or legal
documents. A student is considered transgender if, at school, the student consistently
asserts a gender identity different from the sex assigned at birth. This should involve
more than a casual declaration of gender identity, but it does not necessarily require any
substantiating evidence nor any required minimum duration of expressed gender
identity. Establishing gender identity can present differently from student to student,
including, but not limited to: uniform assertion of such an identity, indication that the
identity is sincerely held as part of the student’s core identity, or that the student is not
asserting such an identity for an improper purpose. Schools should work with a student
to address any concern that an asserted gender identity may be for an improper purpose,
such as permitting the student to respond with information that supports the request to
be treated consistent with their gender identity.

Dress Code

Hawaii All students should be permitted to wear the clothing of their choice, regardless of
whether it conforms to traditional gender stereotypes, provided that such clothing does
not violate the school’s dress code. Dress codes should be gender neutral. Students may
dress in accordance with their gender identity and gender expression. School personnel
should not enforce a school’s dress code more strictly against transgender and gender

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 nonconforming students. This applies to dress at school as well as at a school’s co- and
extracurricular activities.

EXAMPLE ONE: A student who appears to be male arrives at school in a dress. Unless the
dress violates the school’s dress code, the student should not be required to change.

EXAMPLE TWO: A student who appears to be male is accepted onto the cheerleading
team and wants to wear the girl’s cheerleading uniform. Regardless of whether the
student is transgender or not, the student should be allowed to wear the uniform of his
choice. This does not necessarily mean that the student should also have access to the
girls’ restrooms or locker rooms. A student who is gender nonconforming may not be
transgender. A meeting with the student to better understand the student’s gender
identity would be a good next step.

EXAMPLE THREE: A student who appears to be female is seen by school staff to be

wearing baggy jeans that expose the student’s undergarments. Since this may be in
violation of the dress code, regardless of gender, the student may be subject to
consequences for violating the dress code.

EXAMPLE FOUR: A student who appears to be male comes to school in a tank top. The
school dress code considers tank tops inappropriate for boys, but acceptable for girls as
long as the straps are thick enough. The straps on the student’s tank top would not be
considered inappropriate if a student who appeared to be female was wearing it. In this
instance, the student should be allowed to wear the tank top and the school should
amend its dress code toward gender neutrality.

Illinois While districts are encouraged to adopt gender-neutral dress codes, any policies that are
based on gender differences must permit students to dress in a manner that corresponds
with their gender identity and expression.

G-1. May a district enforce dress codes based on gender stereotypes? For example, can a
school enforce a policy by which only people assigned female at birth are allowed to wear
dresses? Under the IHRA, dress codes cannot be applied in a discriminatory way. The First
Amendment also protects students’ rights to express their gender identity through their
appearance. Likewise, schools cannot prevent students from wearing clothing that
expresses written messages or otherwise conveys one’s gender identity or support for the
LGBT community.

G-2. What are the best practices with respect to dress codes?

Students must be allowed to wear gender-affirming clothing. A student whose gender

expression is different from societal expectations should not be considered disruptive.

• Adopt a gender-neutral dress code. Districts should reframe dress codes to

describe what it considers appropriate clothing without assigning clothing options
to particular genders. For example, districts should consider language such as the
following: “Certain body parts must be covered for all students: Clothing must be
worn so that genitals, buttocks, and nipples are covered with opaque material.”

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 Dress code booklets should not contain pictures of students in certain clothing - if
pictures must be used, only display the garment itself.

• Consistently apply dress code regulations. Students should not be disciplined for
wearing clothing or makeup that is appropriate under the dress code but that
does not conform to gender-based stereotypes. For example, if dresses or pants
are appropriate attire, teachers and other school officials cannot determine
which students are permitted to wear dresses or pants. In addition, districts
should consistently apply dress codes regardless of body shape or type.

• Do not impose inappropriate discipline. Districts should not discipline

transgender, nonbinary, and gender nonconforming students for wearing gender-
affirming clothing.

• Extend gender-neutral dress code to special events. Gender-neutral dress code

guidelines should apply to regular school days as well as any special events, such
as graduation ceremonies, game days, concerts, and dances. For example, schools
may require formal attire for all students at a ceremony, but should not specify
that girls must wear dresses and boys must wear ties. If a school wishes to
maintain a previously gender-specific tradition, such as graduation gown colors or
spirit day teams, administrators should consider dividing students using another
marker, such as last name (e.g., last names from A-M wear blue and last names
from N-Z wear gold).

• Ensure athletic uniforms are appropriate and modified if requested. All student
athletes should be able to wear uniforms that are appropriate for their sport. For
example, swimmers should be allowed to modify their swim uniform, provided it
does not provide any competitive advantage. Similar accommodations should be
made for equipment, such as cups, bras, or other undergarment safety
requirements.

Maryland Review dress codes to describe what the school considers appropriate clothing without
referencing gender.

• Old Practice: male: pants and shorts must cover their underwear; female: pants,
shirts or dresses must cover their underwear

• New Practice: ―All outer clothing must completely cover underwear‖

• Consider gender neutral dress codes for class or yearbook photos, honor society
ceremonies, graduation ceremonies, or dances.

Review dress codes to describe what the school considers appropriate clothing.

• Permit all students to wear any clothing that is appropriate for students under
the school dress code, regardless of the student’s gender or gender identity. This
includes school extracurricular activities, as well as events, such as school dances,
choral concerts, the wearing of uniforms, or graduation.

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 • If a school has two separate gender-specific dress codes, any student should be
permitted to dress consistently with the dress code for either gender. So long as
the student is compliant with one of the dress codes, the student should not be
subject to discipline or a requirement to change clothing on the grounds that the
student is wearing the ―wrong‖ dress code for the student’s gender or gender
identity

Texas Do students have a legal right to wear attire that does not match their assigned sex at
birth?

Yes, a legal right exists to the extent that a court is likely to conclude that dressing in
accordance with a student’s expression of gender or sexual orientation is a form of
protected expression. Courts have found that wearing gender-nonconforming clothing
may be protected by the First Amendment as free speech, by the Fourteenth Amendment
with regard to equal protection, and by Title IX.11 In light of this legal authority, a school
district could permit a transgender male student to wear a tuxedo for his yearbook photo
consistent with his expressed gender identity. Or, similarly, a district might allow a
transgender female student to attend the prom in feminine attire.

Transgender and gender-nonconforming students are still subject to the established

student dress code for the student’s preferred gender attire. The dress code must be
applied equally to all students. For example, if feminine attire at the prom requires
dresses with a certain neckline and length, then all students who dress in feminine attire
must abide by those requirements, including a transgender female. At the same time,
these students should not be asked to “tone it down” or be required to dress in a
different manner than other students in the expressed gender.

Virginia Local school board policies regarding dress code should serve to support equitable
educational access for all students. The goal of dress or grooming codes should be to
ensure the health and safety of students and not contribute to a hostile or intimidating
atmosphere for any student. Dress codes, including hairstyles, should encompass broad
guidelines that are not gender specific and free of gender stereotypes. For example,
gender-inclusive language such as “clothing must be worn in a way such that genitals,
buttocks, and nipples are covered with opaque material” should be used rather than
prohibiting certain types of clothing typically associated with one gender (e.g., “a mini
skirt” or “camisole”). Transgender students have the right to dress in a manner consistent
with their gender identity or gender expression, and any student has the right to
expression free from gender expectations, as long as the student’s attire complies with
the school’s dress code. Dress codes should be written, enforced, and applied consistently
and equally to all students regardless of gender. In addition, § 22.1-279.6 of the Code of
Virginia permits any school board to include in its code of student conduct a dress or
grooming code. For school divisions who do include dress and grooming standards for
students, the amendment explicitly states that any dress or grooming code shall
“maintain gender neutrality by subjecting any student to the same set of rules and
standards regardless of gender;...not have a disparate impact on students of a particular
gender.”

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 School divisions should further examine and eliminate provisions for gender-specific
attire relating to school activities and events such as physical education uniforms, school
ceremony attires, gender-specific graduation gowns, band uniforms, or orchestra
uniforms when these provisions are not necessary for educational purposes. For example,
schools may require formal attire for all students at a choral concert but should not
specify that girls must wear dresses and boys must wear ties.

Dress and grooming codes shall be written relating to the attire or articles of attire
without limits on gender expectations. Students have a right to dress in a manner
consistent with their gender identity or gender expression. Schools shall administer and
enforce dress and grooming codes consistently across the student body, regardless of
actual or perceived gender identity or gender expression. Requirements for attire for
school-related programs, activities, and events shall be gender neutral.

Overnight trips

Texas For field trips involving overnight stays, an administrator or counselor may ask the
student to identify other students with whom the student feels comfortable sharing a
room. In this case, the administrator should seek written consent from the parent of a
minor transgender student (or the student, if 18 years old) allowing the district to share
information with the other students and their parents.29

Hawaii Schools must allow transgender students to access housing accommodations that are
consistent with the student’s sincerely held gender identity. Schools cannot require a
transgender student to stay in single-occupancy accommodations or to disclose personal
information when not required of other students. A school is, however, not prohibited
from honoring a student’s voluntary request for single-occupancy accommodations, if the
student so chooses.

Illinois Overnight school trips with classmates and school staff can present unique barriers to full
access to educational programs if schools are not vigilant in attending to the needs of
transgender, non-binary and gender non-conforming students.

I-1. What state and/or federal provisions protect the rights of transgender, nonbinary,
and gender nonconforming students with respect to overnight school trips? The same
state and federal laws that require schools to respect a student’s gender identity with
respect to using facilities and participating in activities also apply to transgender,
nonbinary, and gender nonconforming students’ room arrangements and facility use
during overnight trips. To deny a student the accommodations afforded to other students
– consistent with their gender identity – would be discrimination prohibited by Title IX
and the IHRA.

The law protects not only the use of physical facilities, but also equal and full access to all
school programs and activities. The IHRA prohibits denying anyone the “full and equal
enjoyment” of “services” based on a person’s gender identity (or expression or other
protected traits). 775 ILCS 5/5-102(A). “The Illinois Human Rights Act is remedial
legislation that [has been and] must be construed liberally to effectuate its purpose.” See

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 Sommerville v. Hobby Lobby Stores, ALS. No. 13-0060C (Ill. Hum. Rts. Comm’n May 15,
2015.) The terms “facilities” and “services” are identified separately and demonstrate the
intent to prohibit not only discrimination in enjoyment of the physical school grounds, but
enjoyment of all programs and activities. Likewise, under federal law, students cannot be
excluded from or discriminated against in school programs and activities such as trips on
the basis of their gender identity. See e.g., Logan, 2008 WL 4411518 (dress code and
clothes at prom); see also, Fricke v. Lynch, 491 F. Supp. 381, 385 (D.R.I. 1980) (gay
student’s choice of male prom date protected by the Constitution); Gay Students Org. of
Univ. of New Hampshire v. Bonner, 509 F.2d 652 (1st Cir. 1974) (gay students’ social
events are protected).

I-2. How do privacy concerns of other students relate to a transgender, nonbinary, or

gender nonconforming student’s right to full and equal access to overnight school trips?
As with school facilities, any student seeking more privacy may be provided that privacy.
But any claimed privacy concern of another student is not a reason to limit use by a
transgender, nonbinary, or gender nonconforming student. Similarly, confidentiality laws
and requirements continue to apply to students in the context of overnight trips. A trip is
not a basis to disclose or require disclosure of a student’s transgender, nonbinary, or
gender nonconforming identity.

I-3. What are the best practices for ensuring that transgender, nonbinary, and gender
nonconforming students are able to participate freely in overnight school trips?
Ask the student in advance of the trip. In planning for overnight trips, ask the student
what type of arrangements will make the student feel safe, supported, and included.

Maintain privacy. Schools must set clear expectations about respecting one another’s
privacy and boundaries.

School policies for facility use should carryover to overnight trips and should allow for
privacy. The district should inquire whether there are any single stall or other private
shower facilities available if showering facilities are communal while on the trip. Do not
send notifications or permission slips.

Do not send notifications or permission slips to parents and/or students regarding a

student’s transgender, nonbinary, or gender nonconforming identity.

Maryland Student comfort is paramount in the decisions around overnight field trips. Maximizing
the student’s social integration may be achieved by the integration of these
guidelines: Make arrangements in consultation with the student. If the transgender
student’s parents or guardians are involved and supportive they may also be
consulted. Be sensitive to the need to maintain the student’s privacy and not disclose or
require disclosure of the student’s transgender status to the other students or their
parents without the consent of the transgender student and/or the student’s
parent. Allow students the opportunity to room with others according to their gender
identity. Make efforts to accommodate any student who desires greater privacy;
however, transgender or gender non-conforming students should not be isolated.

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 Records/Privacy/Confidentiality

Hawaii At this time, schools are required to use a student’s legal name and assigned sex at birth
on standardized tests and official reports. School staff should be mindful that a
transgender student’s gender identity and preferred name may not conform with the
official records and protect the student’s privacy by avoiding inadvertent disclosure of
the student’s legal name and assigned sex at birth, whenever possible.

Information about transgender student’s legal identity, transgender gender identity, and
assigned sex at birth should be treated as confidential information. Disclosing such
information to other students, their parents, or other third parties may violate privacy
laws, such as FERPA. Do not disclose information that may reveal a transgender student’s
status to others, unless legally required to do so, or unless the student has authorized
such disclosure. To the extent that the record or directory information provided about
the student is not a legal record or the school is not legally required to use a student’s
legal name or sex, the school should use the name, pronouns, and gender marker
requested by the student.

EXAMPLE ONE: A transgender male (female to male) has a female legal name and a male
preferred name. On the first day of class, the teacher puts all of the students’ names on
cards on their desks. The student approaches the teacher to explain that he would like his
preferred name on the desk. The teacher should make a new card with the student’s
preferred name. The teacher should further assist the student by setting up a meeting
with a counselor or administrator. During this initial meeting, the counselor or
administrator should also try to discover to what extent the student’s parents are aware
of the student’s gender identity. A Student Support Plan for Gender Identity should be
established at a follow up meeting. The counselor or administrator should then follow up
with the teacher and other appropriate school personnel to inform them of the agreed
upon supports.

EXAMPLE TWO: In order to distribute standardized test booklets, a teacher reads off the
legal name of each student, as printed on the test booklets and the transgender student
has already asserted the student’s preferred name and pronouns to the teacher. Since
the teacher knows that the student goes by a different name, the teacher should call the
student by the student’s preferred name and keep the student’s legal name confidential,
regardless of whether a Student Support Plan for Gender Identity has been established.

EXAMPLES OF UNOFFICIAL RECORDS: Class lists, student identification cards, yearbooks,

club rosters and documents, student work, and graduation programs.

Illinois The Illinois School Student Records Act (“ISSRA”) and federal Family Educational Rights
and Privacy Act (“FERPA”) serve to protect student privacy and the confidentiality of
student records, which includes a student’s gender identity and whether the student is
transgender, nonbinary, or gender nonconforming. Student information and records
must be kept confidential and not disclosed without permission of the student’s
parent(s)/guardian(s), except to employees as needed for their work with a student, and
in certain other listed circumstances permitted by law (such as to law enforcement or to
comply with a court order). Disclosure of private information related to a student’s sex or

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gender can also violate FERPA and sex or gender identity discrimination laws such as the
IHRA and Title IX. Further, students have a Constitutional right to privacy and to share or
withhold information about their sexual orientation and gender identity. E.g. Love v.
Johnson, 146 F. Supp. 3d 848 (E.D. Mich. 2015); Powell v. Schriver, 175 F.3d 107, 111 (2d
Cir. 1999); Wolfe v. Schaefer, 619 F.3d 782, 785 (7th Cir. 2010) (citing Whalen v. Roe, 429
U.S. 589, 599-600 (1977) (recognizing constitutional rights to highly personal information,
including medical and sexual information)). ISSRA and FERPA contain exceptions to the
privacy requirement for “directory information,” such as student names, grade level, or
participation in sports teams. 23 IAC 375.80; 20 U.S.C. § 1232g(b). Schools can generally
disclose directory information unless parent(s)/guardian(s) opt out. Directory information
does not include a student’s gender or transgender, nonbinary, or gender nonconforming
identity, which should not be disclosed without consent or educational need.

Students and parents have a right to access and review school student records. 105 ILCS
10/5(a). In this context, “school student records” means “any writing or other recorded
information concerning a student and by which a student may be individually identified,
maintained by a school or at its direction or by an employee of a school, regardless of
how or where the information is stored,” except for the records of an employee
maintained only for their use and not “related or disclosed to any person.” 105 ILCS
10/2(d). ISSRA, however, does not require the disclosure of: (i) “information which is
communicated by a student or parent in confidence to school personnel,” (ii) records of
an employee maintained only for their use and not “related or disclosed to any person,”
or (iii) “communications otherwise protected by law,” which may include some records of
a school social worker or psychologist. 105 ILCS 10/2(d) and 5(f). Under both ISSRA and
FERPA, parents have a right to challenge the “accuracy, relevance or propriety” of a
student record. 105 ILCS 10/7; 34 C.F.R. § 99.20-22. Schools are required to have a
process in place for parents to challenge and seek correction of school records, including
a right to a hearing.

Students have the right to be addressed at school by their affirmed name and pronouns
and to update their school records to reflect their identity. Schools may not require a
legal name change or change of a gender marker on a birth certificate before the school
addresses a student by their affirmed name and pronouns or before updating most
school records to properly reflect the student’s identity.
Records should be adjusted to reflect a student’s affirmed name and pronouns. When
updating a student’s school records, district staff should be cognizant of the many school
information systems (e.g., state/local testing platforms, electronic databases, school
website, class rosters, attendance systems, transcripts, school reporting programs,
substitute teacher rosters, school IDs, yearbooks, honor roll lists, school issued email
addresses and technology logins, and club rosters) present in the school system and work
diligently to ensure accuracy of information across information systems. Schools should
not place cumbersome and/or undue barriers that discourage, prolong, or prohibit the
process of ensuring a student’s school records accurately reflect a student’s affirmed
name and gender identity. As parent(s)/guardian(s) may have a legal right to inspect their
student’s school records, the Gender Support Coordinator should ensure that changes to
a student’s school records are a part of the support process for students.

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Maryland Use the student’s preferred name for classroom rosters, identification badges,
announcements, certificates, newspapers, newsletters, yearbooks and any other record
where the use of the legal name is not specifically required by law. Create a process so a
student or parent/legal guardian may request a change of name and/or gender so that a
student may be registered in school under a name and gender that corresponds with the
student’s gender identity. Provide a means to protect the student’s previous identity
once a legal name change has occurred and current records are amended to show the
change. Store historical records where they are safe from inadvertent disclosure.
Implement practices that safeguard confidential information from inadvertent disclosure
when school staff or administrators are required by law to use or to report a student’s
legal name or gender as it appears in the official record. Consider that while information
in official student records must be disclosed upon the request of parents, sensitive
information related to gender identity generally need not be disclosed without the
student’s consent.

Upon request, amend and re-issue a diploma in a former student’s name once the former
student secures a legal name change, being sure that the fact that the student’s name
was changed is not indicated in any way on the diploma.

Texas Should a district change school records to reflect a transgender student’s preferred
name and gender? At least one federal circuit court has found that a school district’s
refusal to change a transgender student’s records to reflect his male gender identity
violated Title IX and the Equal Protection Clause. While the Fourth Circuit case is not
binding legal authority in Texas, it reflects a legal trend that may be persuasive in a Texas
court. Texas law does not definitively resolve this issue, but a district does have some
flexibility with regard to requests to change a student’s name and gender.
Texas Education Code section 25.0021 requires that a student be identified by his or her
legal surname, or last name, as that name appears (1) on the student’s birth certificate or
other document suitable as proof for the student’s identity, or (2) in a court order
changing the student’s name. However, Section 25.0021 does not address students’ first
names or genders.

In general, a student’s legal name is used on permanent records, especially when

required by state or federal laws and regulations. For example, Texas school districts are
required to complete and maintain permanently the academic achievement record, or
“AAR” of high school students (often referred to as a “transcript”), including full legal
name and gender. Following guidelines developed by the Texas commissioner of
education, the AAR must have the complete name from the student’s birth certificate or
other legal document, without use of nicknames or abbreviations. The student’s legal
name, the name submitted to Public Education Information Management System (PEIMS)
at the Texas Education Agency (TEA), and the name recorded on the AAR must be
identical. Any changes in the AAR must be dated, explained and kept as part of the
student’s permanent file. TEA has informally stated that it will accept the student gender
that a district reports through PEIMS, including a report that changes the student’s
gender following a student and/or parent request to alter the record.

In contrast to permanent school records, however, teachers and other school district
employees often informally address students by, and have non-permanent school

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records that reflect, preferred names or nicknames that are not a student’s legal first
name. A school district should apply this practice equally with transgender students. For
example, the transgender student’s preferred first name and gender should be used in
speaking with the student and for class rosters, identification badges, awards, and any
other similar purpose. OCR and DOJ’s 2021 guidance cites a failure to address a
transgender student by the student’s chosen name and pronouns as an example of
sexbased discrimination within the agencies’ enforcement authority under Title IX.

Following a gender transition, a student or the student’s parents may request that a
district change the student’s name and gender in educational records based upon a claim
that such records are incorrect, misleading, or a violation of privacy under the Family
Educational Rights and Privacy Act (FERPA). In a 1991 letter regarding a former male
student who had graduated from a school district and thereafter transitioned to female,
the U.S. Department of Education advised that “whether to amend the students’
education records to reflect a name and gender other than that of the students’ [name
and gender] during their attendance would be considered a substantive decision of the
District” and not a matter of required amendment under FERPA. In other words, the
district had the option of complying with the former student’s request. Some districts in
Texas have opted to change a former student’s records with appropriate documentation.
Doing so may be a matter of significant personal safety; tragically, some transgender
individuals have been subjected to harassment and even violence when their assigned-at-
birth sex is revealed.

In assessing a request to change or correct records, school district officials may wish to
seek specific guidance from the district’s legal counsel. The district should also
communicate and coordinate with any other agency that has authority related to the
record at issue, such as TEA.

For most students, name and gender are categorized under FERPA regulations and local
policy as directory information, which may be released without parental consent. For the
transgender student, however, the former name and gender noted in the previous
district’s records would not meet the definition of directory information because its
release could be considered harmful or an invasion of privacy. In addition, note that all
parents, and students aged 18 and older, have the right to opt out of disclosure of
directory information and the district must provide annual notice of this right.

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New If a student has expressed a preference to be called by a name other than their birth
Jersey name, permanent student records containing the student’s birth name should be kept in
a separate, confidential file. This file should only be shared with appropriate school staff
after consultation with a student. A separate file containing records bearing the student’s
chosen name may also be kept. If the student has previously been known at school or in
school records by a birth name, the principal should direct school personnel to use the
student’s chosen name and not the student’s birth name. To ensure consistency among
teachers, school administrators, substitute teachers and other staff, every effort should
be made to immediately update student education records (for example, attendance
records, transcripts, Individualized Education Programs, etc.) with the student’s chosen
name and gender pronouns, consistent with the student’s gender identity and
expression, and not circulate records with the student’s birth name, unless directed by
the student. Districts shall report to the New Jersey Department of Education through NJ
SMART a student’s name or gender based upon that student’s chosen name and
corresponding gender identity. Changing the name or gender identity from what was
reported in previous years will not affect the reliability of the data reported. If a district
changes a student’s name or gender identity, it must also maintain locally a separate
record reflecting the student’s legal name and sex assigned at birth until receipt of
documentation of a legal change of name or gender.

Disclosure of personally identifiable information from a student’s education record to

other school officials within the district, whom the district has determined have a
legitimate educational interest in the information, may be permissible under FERPA (34
C.F.R. § 99.31(a)(1)). The school district shall make a concerted effort to ensure that
school officials obtain access to only those education records in which they have
legitimate educational interests. School districts shall comply with all laws and
regulations regarding the confidentiality of student records and student privacy, including
the requirements set forth at 20 U.S.C. § 1232g, Family Educational Rights and Privacy
Act; 34 CFR Part 99, Family Educational Rights and Privacy; 20 U.S.C. § 1232h, Protection
of Pupil Rights; 34 CFR Part 98, Student Rights in Research, Experimental Programs, and
Testing; P.L. 104-191, Health Insurance Portability and Accountability Act; 45 CFR Part
160, General Administrative Requirements; 20 U.S.C. § 7917, Transfer of school
disciplinary records; 42 CFR Part 2, Confidentiality of Alcohol and Drug Abuse Patient
Records; N.J.S.A. 18A:40A-7.1, Confidentiality of certain information provided by pupils,
exceptions; N.J.A.C. 6A:16-3.2, Confidentiality of student alcohol and other drug
information; N.J.S.A. 18A:36-19, Pupil records, creation, maintenance and retention,
security and access, regulations, nonliability; N.J.S.A. 2A:4A-60, Disclosure of juvenile
information, penalties for disclosure; N.J.A.C. 6A:32-7, Student Records; N.J.A.C. 6A:14-
2.9, Student records; as well as all other existing Federal and State laws and rules
pertaining to student records and confidentiality.

Virginia Student privacy/confidentiality - Regarding student privacy within the school

community, a student’s gender identity may be public or private, and the degree to
which others are aware of the student’s gender identity will influence plans to support
the student. Given the potential for discrimination, sharing this information could expose
a student to harassment and abuse from peers or adults within the school community.
School staff should discuss with the student about how they prefer information about

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their gender identity to be shared. Some students may wish the information to remain
private while others may prefer that the gender identity is shared or even discussed in
class. If the student is in a setting where they have been known by their assigned sex at
birth, options for privacy may be limited. In some situations, the student’s move to a new
school setting (e.g., starting middle school, transferring to a different school) affords the
opportunity to confirm their gender identity with more privacy. Regardless of the
circumstances, the school should support the student’s need for privacy and safety and
not disclose a student’s gender identity to other students or other parents. Additionally,
school staff should treat a student’s gender identity as being particularly sensitive
information that should not be shared even internally among school personnel except to
those with a legitimate educational interest or need to know. When a student publicly
shares their gender identity, schools should work proactively to set clear boundaries
about being gender inclusive and respond to negative reactions from the school
community should they arise.

Regarding student privacy outside of the school community, a student’s gender identity,
legal name, or sex assigned at birth may be considered confidential medical information
and protected Personally Identifiable Information (PII). Disclosure of that information
may violate the school’s obligations under the Family Educational Rights and Privacy Act
(FERPA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
Although school divisions may disclose a student’s name and gender as directory
information, parents and eligible students have the right to refuse the designation of that
information as directory information, pursuant to § 22.1-287.1 of the Code of Virginia.
Absent an explicit legal obligation, permission, or authorization from the appropriate
party, such information should not be shared with anyone, and the local policy should
explicitly prevent such disclosures. In order to maintain confidentiality, school divisions
may need to consider additional policies related to record keeping. Refer to additional
discussions on the separation of confidential information under the Student Records
section. Any unauthorized disclosure of protected student information should be
addressed according to existing policies and regulations in accordance with FERPA and
HIPAA.

Additionally, privacy and confidentiality are critical for transgender students who do not
have supportive families. Disclosing a student’s gender identity can pose imminent safety
risks, such as losing family support or housing. According to a recent study, LGBT youth
have a 120 percent increased risk of experiencing homelessness compared to youth who
identified as heterosexual and cisgender (Morton, Dworsky, & Samuels, 2017). School
divisions will need to consider the health and safety of the student in situations where
students may not want their parents to know about their gender identity, and schools
should address this on a case-by-case basis. If a student is not ready or able to safely
share with their family about their gender identity, schools should address this on a case-
by-case basis. If a student is not ready or able to safely share with their family about their
gender identity, this should be respected. There are no regulations requiring school staff
to notify a parent or guardian of a student’s request to affirm their gender identity, and
school staff should work with students to help them share the information with their
family when they are ready to do so.

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School Records - Schools’ student information systems typically use the student’s legal
name and sex assigned at birth as reflected on their birth certificate, required at the time
of school registration (§ 22.1-3.1 of the Code of Virginia), and some documents attached
to student records may require the use of the legal name and sex assigned at birth.
Information in the student information systems is then used for a variety of documents
and processes such as a unique student identification number needed for proper student
accounting (i.e., for purposes of funding and accountability indicators), communication
with parents, class rosters, attendance records, student identification cards, library cards,
standardized tests, year books, and school photos. Not all transgender students update
legal documents to align with their new name and gender, but they may wish to use the
name and gender consistent with their gender identity in their school documents and
processes. Record keeping that does not include the legal name and sex assigned at birth
as well as the name and gender consistent with the gender identity may pose risks of
inadvertently disclosing the student’s gender identity as well as cause potential
emotional trauma for a transgender student.

School divisions should develop solutions to support a transgender student’s wishes for
privacy. For example, schools could consider maintaining the student’s legal name and
sex assigned at birth as sensitive information in their student information system that
requires additional privilege to access. The student information system can then
separately include the name and gender consistent with the gender identity as additional
information that is used to the greatest extent possible to populate school-related
documents and are available to other users. The protection of the student’s legal name
and gender as sensitive information would prevent a student’s gender identity from
being disclosed, such as by a substitute teacher. In situations where school divisions are
required to use or to report a transgender student’s legal name or sex assigned at birth,
such as for purposes of standardized testing or student data reporting to the VDOE,
school staff should adopt practices to avoid the inadvertent disclosure of such
information. Additionally, schools should eliminate gender markers from their forms,
documents, and records when feasible. While the topic of transgender students usually
focuses on transgender males or transgender females, there are students who identify as
nonbinary or gender-expansive. Since the concept of gender is increasingly being viewed
as a gender spectrum, it may be beneficial to remove gender from forms and documents
or provide a broader, more inclusive range of options. For purposes of data collection,
the VDOE has expanded gender choices to include nonbinary as a third option if the
student or parent wishes to use this option.

When a student or parent requests to change the student’s name or gender on school
records, the extent to which records are modified will depend on the type of record and
the substantiation of the change. Local school boards may need to revise or clarify
current policies relating to the process to change any element of a student’s record,
including the appeals process for decisions made regarding a change to the student’s
record.

School divisions will also need to consider policies relating to records for former students.
When a student transitions after they are no longer enrolled in the school division, they
may request amendments to school records reflecting a new name and gender that are
different from those during their attendance. Former students may want to ensure that

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 information on their records such as transcripts and standardized test scores are
consistent with information they are submitting such as those on college or job
applications. School divisions could consider respecting a former student’s request to
amend records retroactively and may consider processing those requests in the same
way other student record amendment requests are processed. If a former student
obtains a court order changing their name or amend other legal documents such as their
birth certificate, state-or federal-issued identifications, or passports, school divisions,
when requested, should amend the student’s record, including reissuing a high school
diploma or transcript, to reflect the student’s current name and gender. Before making a
decision on policies relating to changes to school records, transcripts, and diplomas,
school divisions should consult their school board attorney.

Physical Education

Hawaii Transgender students should not be denied the opportunity to participate in physical
education. Students should be allowed to participate in gender-segregated recreational
gym class activities and sports in accordance with their sincerely held gender identity.

EXAMPLE ONE: A transgender female (male to female) wants to dance the girl’s part
during a PE ballroom section. The student should be allowed to dance the girl’s part.

EXAMPLE TWO: During a PE unit on soccer, the teacher divides the class by gender for
individual games. A non-transgender female wants to play on one of the boy’s teams. The
student should be allowed to play on the boy’s team.

Illinois Must districts allow transgender, nonbinary, and gender nonconforming students to
participate in school-sponsored events, clubs and athletics consistent with the
student’s gender identity? Yes. The IHRA requires schools to allow students who are
transgender, nonbinary, and gender nonconforming to participate in school activities,
physical education, and sports teams consistent with their gender identity. Physical
education and school sports teams are covered by the public accommodations provisions
of the IHRA, as they are both a “place of education” and “place of exercise or recreation.”
Do not divide physical education classes by gender. Physical education classes should not
be separated by gender. If two groups are necessary, consider separating into
competitive and recreational groups. Districts should allow students to participate in
physical education classes in the way that makes them feel safe and included. Provide
training to coaches and volunteers. Athletic coaches and event staff can have a
particularly hard time removing gendered language from their activities. Coaches and
athletic teams should receive training to help with the culture adjustment. The training
should include how to ensure things such as inspirational speeches, motivational phrases,
locker-room talk, pep rallies, and team chants are inclusive and gender neutral. Examples
of phrases that should be eliminated include “man-up” or “don’t be a sissy.”

Maryland Include transgender students in sex-segregated athletic activities based on their gender
identity. Allow athletic participation without medical or legal documentation regarding
gender. Protect the student athlete’s privacy rights. Personal information regarding

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 transgender status, medical history, or sex assigned at birth should not be disclosed to
teammates, or to staff or students of other schools without the student’s
consent. Follow Maryland Public Secondary Schools Athletic Association
Guidelines/COMAR for participation in Interscholastic Athletics. Each school system
should develop and apply criteria for students to participate on interscholastic athletic
teams consistent with their bona fide gender identity. All students who participate in
interscholastic athletics must meet eligibility standards in COMAR 13A.06.03.

New With respect to gender-segregated classes or athletic activities, including intramural and
Jersey interscholastic athletics, all students must be allowed to participate in a manner
consistent with their gender identity. School districts shall provide transgender students
with the same opportunities to participate in physical education as other students in
accordance with their gender identity.

Virginia Whenever schools provide gender-specific activities such as physical education classes,
students should be allowed to participate in a manner consistent with their gender
identity. It is important that school divisions adopt policies and procedures that are
focused on the safety of all students and seek to address privacy interests in situations
involving individuals undressing or showering.

Other School Activities

Hawaii Students should be permitted to participate in any gender-based activity and conform to
any rule, policy, or practice consistent with their sincerely held gender identity.

EXAMPLE ONE: A transgender female (male to female) student wants to run for prom
queen. The student should be allowed to run for prom queen and should not be
compelled to run for prom king because of the student’s assigned sex at birth.

EXAMPLE TWO: Students have organized a class performance for all Juniors during a pep
rally. The performance has different groups performing different roles based on gender.
Transgender students should be allowed to participate with the gender group with which
they identify, e.g., a transgender female (male to female) should be allowed to be with
the girls’ group, while a transgender male (female to male) should be allowed to
participate in the boys’ group.

EXAMPLE THREE: A transgender female (male to female) wants to audition for Women’s
Ensemble, an elite choral group on campus. The advisor/teacher should permit the
student to audition and should not evaluate the student more or less critically than any
other female student.

EXAMPLE FOUR: A transgender female (male to female) requests to wear the color of the
graduation attire associated with the female student population. The student should be
allowed to wear the graduation attire associated with females.

Illinois The IHRA requires schools to allow students who are transgender, nonbinary, and gender
nonconforming to participate in school activities, physical education, and sports teams
consistent with their gender identity. If a school allows any student clubs, students have

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 the right to form LGBTQ+-affirming clubs, such as GSAs, on the same terms as any other
student group. Colin ex rel. Colin v. Orange Unified Sch. Dist., 83 F. Supp. 2d 1135 (C.D.
Cal. 2000) (holding that students had the rights to form GSAs, meet at school, use the
school’s public address system, and be featured in the school yearbook like other student
clubs). Under the federal Equal Access Act, secondary schools that allow meetings of
other non-curricular student clubs (clubs that do not directly relate to school classes) are
also prohibited from discriminating against any student group based on its viewpoint,
including GSAs. 20 U.S.C. § 4071. All student clubs must be treated the same, regardless
of purpose. Thus, for example, GSAs may not be singled out for parental permission
requirements before students can join the club.

Review and reframe gender-based activities. Districts should evaluate all gender-based
activities, rules, policies, traditions, and practices—including classroom activities, school
ceremonies, athletics, dances, proms, school photos—and eliminate or reframe them to
be gender-neutral. For example, replacing “prom king and queen” with “prom royalty” or
providing school awards to any set of two students instead of “best male/female.” If
certain genderspecific activities do continue, students shall be permitted to participate
consistent with their gender identity. For example, allowing students to self-select into a
“girls in STEM” program.

Maryland Non-discrimination and equity consideration in this area may address the following
issues: Any single-sex classes or extracurricular activities must be consistent with Title IX
and applicable regulations, including that the decision to offer a single-sex class or
activity generally must be substantially related to an important educational
objective. The USDE interprets Title IX to mean that schools generally must treat
students consistent with their gender identity in all aspects of the single-sex classes and
extracurricular activities.

Texas Districts must not deny a transgender student an equal opportunity to participate in field
trips, or any other curricular or extracurricular activity, in which students are segregated
by sex. School officials can reduce the risk of complaints by addressing accommodations
for individual transgender students in advance with the goals of maximizing the student’s
opportunity to learn and socialize with peers while ensuring safety and privacy interests
for all students. When the district agrees on an arrangement for the student’s use of
private, unisex, or sex-specific facilities at school, school officials must be prepared to
ensure that the student has a safe place to use the restroom when away from campus.
For example, when planning an event that will occur off-campus, a district employee may
be assigned to call the location in advance to get information about private or alternative
bathrooms or locker rooms.

New With respect to gender-segregated classes or athletic activities, including intramural and
Jersey interscholastic athletics, all students must be allowed to participate in a manner
consistent with their gender identity. School districts shall: Provide transgender students
with the same opportunities to participate in physical education as other students in
accordance with their gender identity; Permit a transgender student to participate in
gender-segregated school activities in accordance with the student’s gender identity;
Permit and support the formation of student clubs or programs regarding issues related

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 to lesbian, gay, bisexual, transgender, and queer/questioning (LGBTQ) youth; and Offer
support in the creation of peer led educational groups.

Virginia In general, school divisions should make efforts to eliminate gender-based practices to
the extent possible. Gender-based policies, rules, and practices can have the effect of
marginalizing, stigmatizing, and excluding students, regardless of their gender identity or
gender expression. Examples of practices that may be based on gender include grouping
students for class activities, gender-based homecoming or prom courts, limitations on
who can attend as “couples” at school dances, and gender-based events such as father-
daughter dances. School divisions should review any gender-based policies, rules, and
practices to determine whether they serve a legitimate educational goal or otherwise
non-discriminatory purpose. School activities and practices should be gender-neutral and
avoid dividing students by gender in the absence of an educational purpose. Any single-
gender activity or program should not be premised on generalizations or stereotypes
about the different talents, capacities, or preferences of any gender. For example, the
composition of choruses should be gender-inclusive and based only on vocal range or
quality requirements. Whenever schools provide gender-specific activities such as
physical education classes, students should be allowed to participate in a manner
consistent with their gender identity. Students have the right to equitable access to
programs, activities, and events that include but are not limited to acknowledgements,
dances, assemblies, after-school programs, extracurricular activities, intramurals, non-
competitive sports leagues, and field trips.

Preferred Names/Pronouns

USBE 1st Engaging in supportive practices, such as honoring the use of a requested
Draft name/pronoun of a transgender, non-binary, or gender diverse student leads to better
educational outcomes and the overall safety and wellbeing of students (Pollitt et al.,
2018; Pollitt et al., 2019).

When determining a student’s request to use a different name or pronoun in school,

educators must consider the rights of the student’s parent(s) or guardian(s). The
interpretation of the Utah statute regarding the rights of parents , requires permission
4

from a legal parent or guardian to use a different name/pronoun (even a nickname)

other than the name/pronoun on record for all students regardless of gender identity.
A student's request to be referred to by a different name should be granted if they ask
the educator to use a derivation of their name on record (i.e., first, middle, last, initials,
abbreviations, or common substitute – e.g., William/Bill, Charlotte/Charlie). The
pronouns they/them/theirs have been established as gender-neutral, singular pronouns
and may be used when addressing all students.

School staff should consult with the student before reaching out to the student’s
legal parent(s) or guardian(s). Sometimes students have not revealed their
transgender or non-binary identity to their families. There may be safety concerns
for the student and fear of rejection. Students should be provided with the option to
inform parents independently. It can also be supportive for staff to offer to be

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 present during the conversation to help facilitate. School counselors, social workers,
and school psychologists are often skilled facilitators who can serve in this role. If
there are serious safety concerns it might be necessary for school staff to contact
DCFS (Division of Child and Family Services). Under these circumstances the
student’s parent(s) or guardian(s) should not be contacted.

Except as set forth herein, school personnel should not disclose information that may
reveal a student’s transgender, non-binary, and gender diverse status. Under the
Family Education Rights Privacy Act (FERPA) , only those school employees with a
5

legitimate educational need should have access to a student’s records or the

information contained within those records. Disclosing confidential student
information to other employees, students, parents of other students, or other third
parties may violate privacy laws, including but not limited to FERPA. Transgender, non-
binary, and gender diverse students have the ability, as do all students, to discuss and
express their gender identity and expression openly and decide when, with whom,
and how much of their private information to share with others.

Hawaii Schools should accept a student’s sincerely held gender identity. A student does not
need a medical or mental health diagnosis or treatment threshold to have his or her
gender identity recognized and respected.

A transgender student who is ready to socially transition, regardless of whether the

student is undergoing medical transition, may initiate a process to change how the
student is addressed (preferred name, preferred pronoun), their attire, and access to
preferred activities and facilities.

Transgender students have the right to be addressed by a name and pronouns that
correspond to their sincerely held gender identities. If requested by the students, staff
should address them by the name and pronouns that correspond to each of their
sincerely held gender identities. Transgender students are not required to obtain a legal
name or gender change or to change their official records. This does not prohibit
inadvertent slips or honest mistakes, but does apply to intentional or persistent refusal
to respect a student’s gender identity, which should be considered an act of
discrimination.

Teachers and other school staff should be informed of the student’s preferred name on
student rosters and of the preferred pronouns to use when addressing the student.
When the DOE’s student information system (e.g., SIS) accommodates a “preferred
name,” the student’s preferred name should be noted. Teachers and other school staff
should take care to ensure that a transgender student’s legal name, if different from the
student’s preferred name, is kept confidential.

EXAMPLE: A student approaches a teacher and gives a female name and requests to be
referred to using female pronouns, even though the student’s assigned sex at birth is
listed as male and legal name is traditionally male. The teacher should agree to use the
student’s preferred name and pronouns and then assist the student to set up a meeting
with a counselor or administrator. During this initial meeting, the counselor or
administrator should also try to discover to what extent the student’s parents are aware

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 of the student’s gender identity. A Student Support Plan for Gender Identity should be
established at a follow up meeting. The counselor or administrator should then follow up
with the teacher and other appropriate school personnel to inform them of the agreed
upon supports.

EXAMPLE: A student who appears female approaches a teacher and gives a male name
and requests to be referred to using male pronouns. The teacher should agree to use the
student’s preferred name and pronouns and inform the student that, upon request, the
school will work with the student regarding supports and accommodations.

Illinois Provide all students with opportunities to indicate how they wish to be addressed.
Schools should survey all students on an annual basis to determine how they wish to
identify themselves during school-related functions and how they wish to be addressed
in communications with their parent(s)/guardian(s), including on all documents sent to
their parent(s)/guardian(s). In addition, students should be allowed to update this
information upon request.

In many instances, schools are not required to seek parental consent to support
transgender, nonbinary, and gender nonconforming students, especially when the safety
of the student is a concern. For example, just as a school would not typically seek
parent/guardian permission to use a child’s nickname at school, affirmative permission
from a parent/guardian is not necessary to use a student’s affirmed name. In contrast,
involvement of a parent or guardian is required for a legal name change in court, some
actions under the Individuals with Disabilities Education Act (“IDEA”) and Section 504 of
the Rehabilitation Act (“Section 504”) related to disability supports, and certain legal
enforcement actions. In addition, both parent(s)/guardian(s) and students have specific
rights to access school student records under ISSRA, 105 ILCS 10/4-7. Districts should be
cognizant of, be prepared to address, and work to minimize the barriers faced by
transgender, nonbinary, and gender nonconforming students when using their affirmed
name and pronouns at school.

E-1. Does a student have the legal right to be addressed by their affirmed name and
pronouns? Yes. Students have the right to be addressed at school by their affirmed
name and pronouns and to update their school records to reflect their identity. Schools
may not require a legal name change or change of a gender marker on a birth certificate
before the school addresses a student by their affirmed name and pronouns or before
updating most school records to properly reflect the student’s identity.

Ensure accountability for inclusive practices. When an employee fails to meet the
expectations of the district’s policy and procedures, the district should hold the
employee accountable and subject the employee to appropriate disciplinary action in a
manner that is both effective and prompt. Intentional or persistent refusal to respect a
student’s gender identity after notification of the student’s affirmed name and pronouns
violates the harassment and non-discrimination policy and/or procedures required of
every district.

Maryland Address every student by a name and pronoun that corresponds to the student’s gender
identity. Privately ask students how they want to be addressed in class and whether this

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 will be different when in correspondence to the home or at conferences with the
student’s parents or guardians. Train all teachers, staff, and school administrators to use
the student’s preferred name, pronouns and gender.

New One of the most important factors in ensuring a safe and supportive environment for
Jersey transgender students is communication between the school/district and student. School
district personnel should have an open, but confidential discussion with the student to
ascertain the student’s preference on matters such as chosen name, chosen pronoun to
use, and parental communications. School districts shall ensure that a transgender
student is addressed at school by the name and pronoun chosen by the student,
regardless of whether a legal name change or change in official school records has
occurred. School districts shall issue school documentation for a transgender student,
such as student identification cards, in the name chosen by the student.

There may be instances where a parent or guardian of a minor student disagrees with
the student regarding the name and pronoun to be used at school and in the student’s
education records. A parent or guardian may object to the minor student’s name change
request. School districts should consult their board attorney regarding the minor
student’s civil rights and protections under the NJLAD. Staff should continue to refer to
the student in accordance with the student’s chosen name and pronoun at school and
may consider providing resource information regarding family counseling and support
services outside of the school district.

Texas In contrast to permanent school records, however, teachers and other school district
employees often informally address students by, and have non-permanent school
records that reflect, preferred names or nicknames that are not a student’s legal first
name. A school district should apply this practice equally with transgender students. For
example, the transgender student’s preferred first name and gender should be used in
speaking with the student and for class rosters, identification badges, awards, and any
other similar purpose. OCR and DOJ’s 2021 guidance cites a failure to address a
transgender student by the student’s chosen name and pronouns as an example of
sexbased discrimination within the agencies’ enforcement authority under Title IX.17

What if a parent does not support a student’s gender transition? The law does not
provide a clear path for educators in this difficult situation, but some principles are clear.
Under FERPA, parents have a right of access to their minor students’ education records;
this right transfers when the student turns 18. The Texas Education Code also gives
parents the right to “full information” about their child’s school activities, except for in
child abuse investigations, and employees who encourage or coerce a child to withhold
information from the child’s parent may be subject to discipline, including termination.
In 2016, the Texas attorney general opined that a district’s guidelines for transgender
student accommodations violated the Texas Education Code to the extent that the
guidelines could have limited parental access to full information.

In light of these parameters, Texas educators typically work with parents to decide on
appropriate accommodations for transgender students. Nonetheless, it is important to
keep in mind that transgender students are at particular risk of harm, including self-
harm, when a parent disagrees with the student’s gender identity. The National

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 Association of School Psychologists has advised that transgender youth who experience
low family acceptance of their gender identity are more likely than peers to experience
depression, substance abuse, and suicidal thoughts. As such, a student may request that
a district employee not tell his or her parent about the student’s gender identity. School
officials should proceed with caution in this case, in accordance with district policy
regarding student counseling, crisis intervention, and child abuse. It may be possible to
reach an agreement with the student and parent that satisfies everyone: for example,
schools have instructed staff to call a transgender student by the student’s preferred
name at school but to refer to the student by the name on the birth certificate in all
communications with parents. Ultimately, the best advice is to assess each situation as it
comes, working closely with the student, parents and district counsel to reach a
resolution that protects the learning environment for all.

Virginia For many transgender students, their daily emotional and psychosocial wellness are
dependent on receiving support and recognition for their gender identity. A transgender
student may adopt a name that is different from their legal name on their birth
certificate and use pronouns reflective of their gender identity. Many transgender
students will adopt the gender pronouns typically associated with their gender identity.
For example, most transgender girls will use she/her/hers pronouns, while most
transgender boys will use he/him/his pronouns. There may be a less common pattern of
pronoun usage among nonbinary students. Nonbinary students, as well as transgender
students, may use gendered pronouns like she/her/hers or he/him/his, use
genderneutral pronouns such as they/them/their or ze/hir/hirs, use multiple sets of
pronouns interchangeably, or use their name in place of any pronoun. School divisions
should accept a student’s assertion of their gender identity without requiring any
particular substantiating evidence, including diagnosis, treatment, or legal documents. A
student is considered transgender if, at school, the student consistently asserts a gender
identity different from the sex assigned at birth. This should involve more than a casual
declaration of gender identity, but it does not necessarily require any substantiating
evidence nor any required minimum duration of expressed gender identity. Establishing
gender identity can present differently from student to student, including, but not
limited to: uniform assertion of such an identity, indication that the identity is sincerely
held as part of the student’s core identity, or that the student is not asserting such an
identity for an improper purpose. Schools should work with a student to address any
concern that an asserted gender identity may be for an improper purpose, such as
permitting the student to respond with information that supports the request to be
treated consistent with their gender identity.

When a student asserts that they have a name and/or pronoun affirming their gender
identity, school staff should abide by the student’s wishes as to how to address the
student. All school employees shall treat all students with respect and dignity. In
accepting employment with a school district, a school staff member agrees to abide by
and uphold their school board’s policies and procedures, as well as federal and state
laws. A school administrator may need to direct school staff to abide by the wishes of a
student on their name and pronoun. A school employee’s intentional and persistent
refusal to respect a student’s name and pronoun is considered discriminatory. Schools
also should be prepared for genuinely innocent confusion or uncertainty that may come

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 up from school staff and students. Existing school board policies, including
antidiscrimination, harassment, and bullying policies, may need to be adjusted or
clarified relating to processes that address when a school staff member fails to comply
with the student’s request or an administrator’s directive to use the name and pronoun
consistent with their gender identity.

In the situation when parents or guardians of a minor student (under 18 years of age) do
not agree with the student’s request to adopt a new name and pronouns, school
divisions will need to determine whether to respect the student’s request, abide by the
parent’s wishes to continue using the student’s legal name and sex assigned at birth, or
develop an alternative that respects both the student and the parents. This process will
require consideration of short-term solutions to address the student’s emotional needs
to be affirmed at school as well as the long-term goal of assisting the family in
developing solutions in their child’s best interest. For example, a plan may include
addressing the student at school with their name and pronoun consistent with their
gender identity while using the legal name and pronoun associated with the sex assigned
at birth when communicating with parents or guardians. Research has shown that
transgender youth with supportive families experience a 52 percent decrease in recent
suicidal thoughts and 46 percent decrease in suicide attempts (Ryan, Russell, Huebner,
Diaz, & Sanchez, 2010) and that “chosen name used in more contexts was associated
with lower depression, suicidal ideation, and suicidal behavior” (Russell, Pollitt, Li, &
Grossman, 2018). Thus, school staff should be prepared to support the safety and
welfare of transgender students when their families are not affirming. School staff
should provide information and referral to resources to support the student in coping
with the lack of support at home, provide information and resources to families about
transgender issues, seek opportunities to foster a better relationship between the
student and their family, and provide close follow-ups with the family and student.

Taking Decision Making Out of the Classroom

USBE 1st School staff should consult with the student before reaching out to the student’s legal
Draft parent(s) or guardian(s). Sometimes students have not revealed their transgender or
non-binary identity to their families. There may be safety concerns for the student
and fear of rejection. Students should be provided with the option to inform parents
independently. It can also be supportive for staff to offer to be present during the
conversation to help facilitate. School counselors, social workers, and school
psychologists are often skilled facilitators who can serve in this role. If there are
serious safety concerns it might be necessary for school staff to contact DCFS (Division
of Child and Family Services). Under these circumstances the student’s parent(s) or
guardian(s) should not be contacted.

Hawaii Every student’s situation is different, so this process [of social transition] should begin
with a meeting between the student and an administrator, counselor to discuss the type
of supports the student is requesting. During this initial meeting, the counselor or
administrator should also try to discover the extent to which the student’s parents are
aware of the student’s gender identity. An initial meeting may or may not include the

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student’s parents, depending on individual circumstances and how the meeting was
initiated. There may be situations where a student has not yet talked to their parents
about their transgender status, but still makes a request for supports. These instances
may be more common at the middle and high school levels, than at the elementary school
level.

Schools should customize supports to optimize each student’s integration, and the
supports must be documented. Both the student and the school should sign the document
describing agreed-upon supports. Once a plan is established, the counselor or
administrator should then follow up with the appropriate school personnel (as
appropriate to the agreed-upon supports) to inform them of the student’s asserted
gender identity and agreed-upon supports. As a student’s identity develops, their
appropriate supports may change. The student or their parent/guardian may initiate a
meeting with a counselor or school administrator to change the support plan, particularly
if requested supports related to sex-segregated facilities will be affected by the change. A
counselor or administrator should revisit the plan as needed, with the student (and
parent, if involved) for continued appropriateness. Supports for transgender students
should be applied consistently.

EXAMPLE ONE: A student who appears to be male is consistently seen wearing clothing
that is traditionally considered female, such as skirts and dresses. The student regularly
uses facilities designated for males and has never requested to do otherwise. The student
continues to use the student’s legal name, which is a traditionally male name. In this
instance, it may not be necessary to do anything. This student appears to be gender
nonconforming and may or may not identify as transgender. If the student is experiencing
bullying or harassment, a counselor or other appropriate school official should intervene
with supports to address the bullying or harassment.

EXAMPLE TWO: A student and the student’s parents request a meeting with the principal.
The student has documentation from a medical professional regarding the student’s
gender identity. This instance is much more straightforward. Again, this meeting, or a
subsequent meeting, can be used to establish a Student Support Plan for Gender Identity
for the transgender student. The counselor or school administrator should then follow up
with the appropriate school personnel to inform them of the student’s gender identity and
the agreed upon supports.

EXAMPLE ONE: A transgender male (female to male) has a female legal name and a male
preferred name. On the first day of class, the teacher puts all of the students’ names on
cards on their desks. The student approaches the teacher to explain that he would like his
preferred name on the desk. The teacher should make a new card with the student’s
preferred name. The teacher should further assist the student by setting up a meeting
with a counselor or administrator. During this initial meeting, the counselor or
administrator should also try to discover to what extent the student’s parents are aware
of the student’s gender identity. A Student Support Plan for Gender Identity should be
established at a follow up meeting. The counselor or administrator should then follow up
with the teacher and other appropriate school personnel to inform them of the agreed
upon supports.

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 Schools should do the following: 1. Send out an annual notice to all students, including
their parents/guardians, informing them of the rights of transgender students to request
supports. The notice should also include language directing any student with privacy
concerns to contact the school. This annual notice will serve as notice to (a) transgender
students and their families of their rights and how to initiate such supports; and (b)
nontransgender students and their families that such supports will be in place for
transgender students. The annual notice should be sent at the beginning of each school
year. Waiting to send out the notice only when a transgender student initiates a request
for support will have the effect of inadvertently identifying such student, resulting in
possible privacy violations for the transgender student. 2. Include the following statement
in their handbooks to inform the school community: Transgender students should talk
with their counselor if they have questions or concerns about supports for their own
gender identity, including name, pronouns, gender expression, use of facilities, or
participation in sex-segregated activities.

As schools begin to develop and employ supports for transgender students, there will be a
period of adjustment for faculty, staff, students, and parents. Schools should make
counselors and administrators available to discuss any concerns that a student may have
and should work as a school community toward education and raising awareness of the
reasons for these guidelines while protecting the privacy and confidentiality of each
individual transgender student.

Illinois In order to provide the appropriate support to students, districts should designate Gender
Support Coordinators who are properly trained in providing gender-affirming support for
transgender, nonbinary, and gender nonconforming students. The Gender Support
Coordinator can serve as the point person for the student and the student’s
parent(s)/guardians(s) to ensure appropriate support is provided. The Gender Support
Coordinator can assist with drafting a Gender Support Plan. If desired by the student, the
Gender Support Plan can be the guiding document to address a variety of issues, including
use of facilities, student records, and confidentiality. Drafting a Gender Support Plan
provides an opportunity for the Gender Support Coordinator and student to discuss
significant issues and make a plan for informing the appropriate district staff regarding the
student’s preferences.

District employees should be aware that many transgender, nonbinary, and gender
nonconforming students experience family rejection. School officials should work with
students, and whoever else is appropriate, to develop a plan regarding the confidentiality
of the student’s identity.

New One of the most important factors in ensuring a safe and supportive environment for
Jersey transgender students is communication between the school/district and student. School
district personnel should have an open, but confidential discussion with the student to
ascertain the student’s preference on matters such as chosen name, chosen pronoun to
use, and parental communications. School districts shall ensure that a transgender
student is addressed at school by the name and pronoun chosen by the student,
regardless of whether a legal name change or change in official school records has
occurred. School districts shall issue school documentation for a transgender student,
such as student identification cards, in the name chosen by the student. School districts

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 should discuss with the student, and any other individuals at the student’s request, the
risks associated with the student’s transgender status being inadvertently disclosed. For
example, school districts should inform the student that the transgender status may be
revealed due to other students’ discussions at home. The school district should work with
the transgender student to ensure awareness of activities and events that may
inadvertently disclose the transgender student’s status.

Virginia Students and staff each have their own unique religious and personal experiences, views,
and opinions. Local school boards have an opportunity to lead discussions on issues of
gender identity. It will be important to engage communities regarding policies,
regulations, and procedures to ensure equal access to education. Involving appropriate
community members should help to reconcile sometimes deeply conflicting community
views. For example, engaging students and parents will be critical in devping policies and
procedures relating to student privacy and addressing situations where parents are not
affirming their child’s gender identity. Additionally, local school boards may need to
review agreements and processes with community partners for any activities taking place
on school grounds to ensure consistency in practices.

In order for the policies to be effective, local school boards should consider developing
detailed guidelines and processes for the implementation of these policies. For example,
to ensure consistency across the division, guidelines for the implementation of policies
should include processes to update student classroom records and other school records
with the student’s name and, if necessary, appropriate gender marker that are consistent
with their gender identity. Such a process will require clear procedures and coordination
across the school division by all personnel with responsibilities related to student
information and records, including but not limited to registrars, technology support
personnel managing student information systems, administrateloive support personnel,
and test administrators. Additionally, processes, including forms or templates, should be
developed to support students or parents requesting a name and gender change and
requesting an action plan to support the student’s transition. School divisions are
recommended to establish and designate a point-of-contact or team of knowledgeable
and affirming staff members to support transgender students. When a student informs
the school about their transition or requests a change to their name and gender, it is
recommended that a point-ofcontact, or a multi-disciplinary school team if needed, meet
with the student (and parents/guardians if the parents/guardians are affirming of the
student’s gender identity) to develop a plan to accommodate the student’s needs and
requests. A template may be helpful to develop a plan that includes areas to be addressed
such as names and pronouns, privacy concerns, communication plans, student
information and records, access to facilities and activities, and other considerations.

In addition to policies that address the areas discussed above, local school boards should
consider developing additional policies, regulations, or guidelines that foster an inclusive
school climate. For example, school divisions may consider ensuring LGBTQ+-inclusive
curricula. According to GLSEN, schools with LGBTQ+-inclusive and affirming curricula have
students who have less-hostile school experiences, increased feelings of connectedness to
the school community, better academic and mental health outcomes, and are less likely to
miss school (GLSEN, 2019). School divisions may take an inclusive approach by
incorporating educational content that is transgender affirming into the general education

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curriculum, such as history, literature, and science. For example, material may feature or
include transgender people or highlight the contributions of LGBTQ+ people in state and
US history curricula. School divisions should also initiate efforts to curate an inclusive
library collection. As with many curricular choices, school divisions should involve key
stakeholders in making those decisions.

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