ACAC
File: ACAC
NONDISCRIMINATION ON THE BASIS OF GENDER IDENTITY POLICY
The Georgetown Public School District strives to provide a safe, respectful, and supportive learning environment in which all students can thrive and succeed in its schools. The district prohibits discrimination on the basis of race, color, sex, gender identity, religion, national origin, or sexual orientation and ensures that all students have equal rights of access and equal enjoyment of the opportunities, advantages, privileges, and courses of study.
All students need a safe and supportive school environment to progress academically and developmentally. Administrators, faculty, staff, and students each play an important part in creating and sustaining that environment. Gender-based policies, rules, and practices can have the effect of marginalizing, stigmatizing, and excluding students, whether they are gender nonconforming or not.
This policy is intended to guide school and district administrators take steps to create a culture in which transgender and gender nonconforming students feel safe, supported, and fully included, and to meet each school's obligation to provide equal educational opportunities for all students, in compliance with G.L. c. 76, §5 and the state regulations. This policy sets out general principles based on the law, and addresses common issues regarding transgender and gender nonconforming students, and reflects the need to consider issues on a case-by-case basis.
Definitions
Understanding the terminology associated with gender identity is important to providing a safe and supportive school environment for students whose rights are protected under the law. The following terms appear in this document and are defined to assist in understanding the guidance presented. Although these are the most commonly used terms, students may prefer other terms to describe their gender identity, appearance, or behavior. The term "gender identity" is specifically defined in the Mass. General Laws, as amended by An Act Relative to Gender Identity (the gender identity law).
Gender expression: the manner in which a person represents or expresses gender to others, often through behavior, clothing, hairstyles, activities, voice, or mannerisms.
Gender identity: as defined in part at G.L. c. 4, § 7, is "a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth …"
Gender nonconforming: a term used to describe people whose gender expression differs from stereotypic expectations. The terms "gender variant" or "gender atypical" are also used.
Transgender: an umbrella term used to describe a person whose gender identity or gender expression is different from that traditionally associated with the assigned sex at birth.
Sexual orientation: one’s emotional or physical attraction to the same and/or opposite sex.
Nonbinary: a person who identifies with or expresses a gender identity that is neither entirely male nor entirely female
Transition: the process by which an individual goes from living and identifying as one gender to living and identifying as another.
Understanding Gender Identity
The gender identity law (see An Act Relative to Gender Identity, Chapter 199, Section 1) defines "gender identity" to mean "a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth." The law also states that "[g]ender-related identity may be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held as part of a person's core identity; provided, however, that gender-related identity shall not be asserted for any improper purpose."
Transgender youth are those whose assigned birth sex does not match their internalized sense of their gender (their "gender-related identity"), and gender nonconforming youth are those whose gender-related identity does not meet the stereotypically expected norms associated with their assigned sex at birth. A transgender boy, for example, is a youth who was assigned the sex of female at birth but has a clear and persistent identity as male. A transgender girl is a youth who was assigned the sex of male at birth but has a clear and persistent identity as female. Gender nonconforming youth range in the ways in which they identify as male, female, some combination of both, or neither.
The responsibility for determining a student's gender identity rests with the student or, in the case of young students not yet able to advocate for themselves, with the parent. One's gender identity is an innate, largely inflexible characteristic of each individual's personality that is generally established by age four, although the age at which individuals come to understand and express their gender identity may vary based on each person's social and familial social development. As a result, the person best situated to determine a student's gender identity is that student himself or herself.
Consistent with the statutory standard, the Georgetown Public Schools will accept a student's assertion of his or her gender identity when there is "consistent and uniform assertion of the gender-related identity, or any other evidence that the gender-related identity is sincerely held as part of a person's core identity." If a student's gender-related identity, appearance, or behavior meets this standard, the only circumstance in which the district may question a student's asserted gender identity is where school personnel have a credible basis for believing that the student's gender-related identity is being asserted for some improper purpose.
In most situations, determining a student's gender identity is simple. A student who says she is a girl and wishes to be regarded that way throughout the school day and throughout every, or almost every, other area of her life, should be respected and treated like a girl. So too with a student who says he is a boy and wishes to be regarded that way throughout the school day and throughout every, or almost every, other area of his life. Such a student should be respected and treated like a boy.
Confirmation of a student's asserted gender identity may include a letter from a parent, other family member, family friend, coach, clergy member, or a school staff member familiar with the student (a teacher, guidance counselor, or school psychologist, among others) stating that the student has asked to be treated consistently with her/his asserted gender identity. Also a letter from a social worker, doctor, nurse practitioner, or other health care provider stating that a student is being provided medical care or treatment relating to her/his gender identity may be accepted to confirm an asserted student gender identity. These examples are intended to be illustrative rather than comprehensive.
Gender Transition
Many, though not all, transgender youth undergo the experience of gender transition. The term "gender transition" describes the experience by which a person goes from living and identifying as one gender to living and identifying as another. For most youth, and for all young children, the experience of gender transition involves no medical intervention. Rather, most transgender youth will undergo gender transition through a process commonly referred to as "social transition," whereby they begin to live and identify as the gender consistent with their gender-related identity. Some transgender youth who are close to reaching puberty, or after commencing puberty, may complement social transition with medical intervention that may include hormone suppressants, cross-gender hormone therapy, and, for a small number of young people, a range of gender-confirming surgeries. The decision about whether and how to undergo gender transition is personal and depends on the unique circumstances of each individual. There is no threshold medical or mental health diagnosis or treatment requirement that any student must meet in order to have his or her gender identity recognized and respected by a school.
Some transgender and gender nonconforming students are not openly so at home for reasons such as safety concerns or lack of acceptance. School personnel should speak with the student first before discussing a student's gender nonconformity or transgender status with the student's parent or guardian. For the same reasons, school personnel should discuss with the student how the school should refer to the student, e.g., appropriate pronoun use, in written communication to the student's parent or guardian.
Names and Pronouns
The issue of the name and pronoun to use in referring to a transgender student is one of the first that schools must resolve to create an environment in which that student feels safe and supported. Transgender students often choose to change the name assigned to them at birth to a name that is associated with their gender identity. As with most other issues involved with creating a safe and supportive environment for transgender students, the best course is to engage the student, and in the case of a younger student, the parent, with respect to name and pronoun use, and agree on a plan to initiate that name and pronoun use within the school. The plan also could include when and how this is communicated to students and their parents. In the case of a transgender student who is enrolling at a new school, it is important that the school respect the student's privacy (see the following section) and chosen name.
Massachusetts' law recognizes common law name changes. An individual may adopt a name that is different from the name that appears on his or her birth certificate provided the change of name is done for an honest reason, with no fraudulent intent. Nothing more formal than usage is required. Hence, when requested, schools should accurately record the student's chosen name on all records, whether or not the student, parent, or guardian provides the school with a court order formalizing a name change.
The Department has a procedure in place to update name changes and gender markers in the Student Information Management System (SIMS) upon request. The document Assigning State Assigned Student Identifiers (SASIDs) to Massachusetts' Public School Students guides schools through changing names and gender markers on school records.
In sum, school personnel should use the student's chosen name and pronouns appropriate to a student's gender identity, regardless of the student's assigned birth sex. For those students who have been attending a school and undergo gender transition while attending the same school, it is important to develop a plan for initiating use of the chosen name and pronouns consistent with the student's gender identity.
Privacy, Confidentiality, and Student Records
Under state law (see Massachusetts Student Records Regulations, 603 CMR 23.00), information about a student's assigned birth sex, name change for gender identity purposes, gender transition, medical or mental health treatment related to gender identity, or any other information of a similar nature, regardless of its form, is part of the individual's student record is confidential, and must be kept private and secure, except in limited circumstances. One circumstance is when authorized school personnel require the information to provide administrative, teaching, counseling, or other services to the student in the performance of their official duties. For transgender students, authorized school personnel could include individuals such as the principal, school nurse, classroom teacher(s), or guidance or adjustment counselor.
When a student new to a school is using a chosen name, the birth name is considered private information and may be disclosed only with authorization as provided under the Massachusetts Student Records Regulations. If the student has previously been known at school or in school records by his or her birth name, the principal should direct school personnel to use the student's chosen name. Every effort should be made to update student records (for example, Individualized Education Plans) with the student's chosen name and not circulate records with the student's assigned birth name. Records with the student's assigned birth name should be kept in a separate, confidential file.
When determining which, if any, staff or students should be informed that a student's gender identity is different from the assigned birth sex, decisions should be made in consultation with the student, or in the case of a young student, the student's parent or guardian. The key question is whether and how sharing the information will benefit the student.
Transgender and gender nonconforming students may decide to discuss and express their gender identity openly and may decide when, with whom, and how much to share private information. A student who is 14 years of age or older, or who has entered the ninth grade, may consent to disclosure of information from his or her student record. If a student is under 14 and is not yet in the ninth grade, the student's parent (alone) has the authority to decide on disclosures and other student record matters.
Gender Markers on Student Records
A gender marker is the designation on school and other records that indicates a student's gender. For most students, records that include an indication of a student's gender will reflect a student's assigned birth sex. For transgender students, however, a documented gender marker (for example, "male" or "female" on a permanent record) should reflect the student's gender identity, not the student's assigned sex. This means that if a transgender student whose gender identity is male has a school record that reflects an assigned birth sex as female, then upon request by the student or, in the case of young students not yet able to advocate for themselves, by the parent or guardian, the school should change the gender marker on the record to male. Schools are advised to collect or maintain information about students' gender only when necessary.
In addition, transgender students who transition after having completed high school, may ask their previous schools to amend school records or a diploma or transcript that include the student's birth name and gender. When requested, and when satisfied with the gender identity information provided, schools will amend the student's record, including reissuing a high school diploma or transcript, to reflect the student's current name and gender.
Restrooms, Locker Rooms, and Changing Facilities
All students are entitled to have access to restrooms, locker rooms and changing facilities that are sanitary, safe, and adequate, so they can comfortably and fully engage in their school program and activities. In meeting with the transgender student (and parent) to discuss the issues set forth in this policy, it is essential that the principal and student address the student's access to the restrooms, locker room and changing facility. Each situation needs to be reviewed and addressed based on the particular circumstances of the student and the school facilities. In all cases, the principal will be clear with the student (and parent) that the student may access the restroom, locker room, and changing facility that corresponds to the student's gender identity. While some transgender students will want that arrangement, others will not be comfortable 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 not be comfortable undressing in the changing facilities that correspond to the student's gender identity.
Some students may feel uncomfortable with a transgender student using the same sex-segregated restroom, locker room or changing facility. This discomfort is not a reason to deny access to the transgender student. School administrators and counseling staff should work with students to address the discomfort and to foster understanding of gender identity, to create a school culture that respects and values all students.
School staff as well as students and their families may find the use of restrooms and changing facilities to be among the more challenging issues presented by the gender identity law, perhaps due to issues of personal privacy. As emphasized in other sections of this guidance, these issues will be resolved on a case-by-case basis, through dialogue with students and parents, and through leadership in creating safe and supportive learning environments.
Physical Education Classes, Intramural and Interscholastic Athletic Activities
Physical education is a required course in all grades in Massachusetts' public schools, and school-based athletics are an important part of many students' lives. Most physical education classes in Massachusetts' schools are coed, so the gender identity of students should not be an issue with respect to these classes. Where there are sex-segregated classes or athletic activities, including intramural and interscholastic athletics, all students must be allowed to participate in a manner consistent with their gender identity. With respect to interscholastic athletics, the Massachusetts Interscholastic Athletic Association will rely on the gender determination made by the student's district; it will not make separate gender identity determinations.
Other Gender-Based Activities, Rules, Policies, and Practices
Whenever students are separated by gender in school activities or are subject to an otherwise lawful gender-specific rule, policy, or practice, students will be permitted to participate in such activities or conform to such rule, policy, or practice consistent with their gender identity.
Education and Training
In order to further a safe and supportive school environment for all students, schools will incorporate education and training about transgender and gender nonconforming students into their anti-bullying curriculum, student leadership trainings, and staff professional development.
As with other efforts to promote a positive school culture, it is important that student leaders and school personnel, particularly school administrators, become familiar with the gender identity law, regulations, guidance, and related resources, and that they communicate and model respect for the gender identity of all students.
Professional development for school staff may include topics on gender identity and gender nonconformity such as: the Massachusetts Student Anti-discrimination Law and Regulations; the DESE Guidance on Notifying Parents When a Student Has Been Bullied Based on Sexual Orientation or Gender Identity/Expression; key terms related to gender identity and expression; the development of gender identity; the experiences of transgender and other gender nonconforming students; risk and resilience data regarding transgender and gender nonconforming students; ways to support transgender students and to improve the school climate for gender nonconforming students; gender-neutral language and practices; and this guidance.
Communication with School Community and Families
Superintendents and principals will continually review existing policies, handbooks, and other written materials to ensure that they are updated to reflect the inclusion of gender identity in the student antidiscrimination law, and may wish to inform all members of the school community, including school personnel, students, and families, of the recent change to state law and its implications for school policy and practice. This could take the form of a letter that states the school's commitment to being a supportive, inclusive environment for all students, as well as the school's legal obligation to provide equal educational opportunities for all students. Such a letter might include the definitions provided at the beginning of this document and some basic information about transgender and gender nonconforming youth; a link to the school's anti-bullying and anti-harassment policies; a link to this guidance; and other resources, including individuals to contact with additional questions.
Nondiscrimination on the Basis of Gender Identity
Gender Transitioning Student Procedures
When a transgender student and/or a parent /guardian informs a staff member of the student’s assertion of a gender identity or expression differ from the gender assigned at birth:
An initial meeting with the Guidance Counselor or School Adjustment Counselor will be scheduled for the student and/or parent. (If a student is under 14 or not yet in ninth grade, the student’s parent alone has the authority to decide on disclosures and any other student record matters).
From the information obtained in the initial meeting, a plan is then developed that should optimize the student’s integration and his/her particular needs for transitioning. In order to maintain confidentiality, the staff that are privy to this information is on a need to know basis only.
If in the initial meeting, an existing student requests name and gender marker changes on his/her official records:
The person responsible for entering data for the district will be notified by the principal of the school to change the student name and gender marker in Reddicker.
The principal or designee will pull the original cumulative folder of the student and store it in a confidential file cabinet. A new cumulative folder will be created for the student with the student’s chosen name and gender marker.
The principal will ensure that the birth certificate and all records under the student’s original name are placed in the original cumulative file stored in the confidential file cabinet.
A new file will then be created under the student’s chosen name.
If the transgender student is a new enrollee:
Georgetown Public Schools is required to register the student under his/her chosen name/gender and not the name on the student’s birth certificate. The birth name is considered private information.
Conclusion
This policy cannot anticipate every situation in which questions may come up in the implementation of this law, and the needs of each transgender or gender nonconforming student will be assessed and addressed on a case-by-case basis. The Georgetown School District will continue to provide assistance, support, and resources as we work together to create a safe and supportive school environment for all students.
Cross Reference:
Georgetown School Committee Policies: JB, JI, AC, ACAB
MA 603 CMR 26.00 MA, 603 CMR 23.00 Title VI
MA St. 2011, c.199 MA St. 2016, c. 134 42 USC 12211 (b)(1)
Access to Equal Education Opportunity Regulations http://www.doe.mass.edu/lawsregs/603cmr26.html
Student Records Regulations https://www.mass.gov/regulations/603-CMR-23-student-records
Civil Rights Act of 1964 https://www.eeoc.gov/eeoc/history/35th/thelaw/civil_rights_act.html An Act Relative to Gender Identity https://malegislature.gov/Laws/SessionLaws/Acts/2011/Chapter199
An Act Relative to Transgender Anti-Discrimination https://malegislature.gov/Laws/SessionLaws/Acts/2016/Chapter134
Americans With Disabilities Act (ADA) https://www.ada.gov/2010_regs.htm
Supportive School Environment- Nondiscrimination on the Basis of Gender Identity
http://www.doe.mass.edu/sfs/lgbtq/GenderIdentity.html
First Reading: November 14, 2019
Second Reading: December 12, 2019
Approved: December 12, 2019
Revised: November 19, 2021
Approved: December 9, 2021