GENDER & SEXUALITY LAWS

To ensure compliance with the law, the MA Department of Elementary and Secondary Education requires all schools and districts to:

• include the categories "sexual orientation" and "gender identity" in their nondiscrimination and anti-bullying policies.

• include LGBTQ+ content about violence and suicide prevention in their annual training for all school personnel.

• establish policies & procedures to ensure equal access to school programs for all students, including transgender and gender nonconforming students.

The MA Department of Elementary and Secondary Education encourages all schools and districts to:

• offer middle and high school-based groups for LGBTQ+ and straight students, such as gay-straight/gender-sexuality alliances (GSA).

• provide support for family members of LGBTQ+ youth.

• designate staff member(s) who is proficient in issues related to sexual orientation and gender identity.

• promote respect, via their curricula, for the human and civil rights of all individuals, including LGBTQ+ people.

• Provide age-appropriate information about LGBTQ+ issues in their school libraries and resource centers.

• to review academic and non-academic policies that may be creating barriers to safe and successful learning experiences for LGBTQ+ students, i.e. blocked LGBTQ+ websites.

Are all Massachusetts school non-discrimination and anti-bullying policies required by law to include the term gender identity?

Yes.

An Act Relative to Gender Identity: This law which became effective on July 1, 2012, amended several Massachusetts anti-discrimination statutes to include prohibiting discrimination on the basis of gender identity against students enrolled in or attending public school.

G.L.c. 76, §5,2 now reads, in part, as follows:

“…. No person shall be excluded from or discriminated against in admission to a public school of any town, or in obtaining the advantages, privileges and courses of study of such public school on account of race, color sex, gender identity, religion, national origin or sexual orientation.” (Emphasis added)

Are schools required to change a student’s name in their school records if the student and/or parents or guardians requests it?

Yes.

Massachusetts Common Law Name Changes: This 1946 law ruled that an individual may adopt a name that is different from the name on their birth certificate provided that the name change is done “for an honest purpose”, without a fraudulent or illegal intent.

• When requested, schools should record the student’s chosen name on all school records and no formal court order is required.

• Assigning State Assigned Student Identifiers (SASIDs) to Massachusetts’ Public School Students is the DESE procedure to update name changes and gender markers in school records.

• All school personnel should use the student’s chosen name and pronouns appropriate to the student’s gender identity, regardless of the student’s assigned birth sex.

Must a school change a transgender student’s gender marker (i.e. “male” or “female”) on their school record to reflect their gender identity, and not their assigned birth sex?

Yes, if requested to do so by the student or the parent.

• This means that, upon request by a student of legal age or parent, a transgender male student’s gender marker should be changed to “male” on their school record.

• Transgender students who transition after graduating from high school may have their high school diploma and transcript changed to reflect their gender identity.

• Schools are advised to collect gender information about students only when necessary. All school documents (i.e. field trip permission forms, sports forms, etc) should be reviewed and determined if gender marker information is necessary.

Can a student consent to disclosing their gender identity information from their student record?

Yes, if that student is 14 years or older or has entered the 9^th grade. If younger than 14 and not yet in 9^th grade, the student’s parent alone has the authority to decide on disclosures.

• Transgender and gender non-conforming students, who are 14 years or older, or have entered 9^th grade, may decide to discuss and express their gender identity openly and may decide when, with whom, and how much to share private information.

Are transgender students allowed to participate in sex segregated classes or athletic activities (including intramurals and interscholastic) according to their gender identity, and not their assigned birth sex?

Yes.

• The Massachusetts Interscholastic Athletic Association (MIAA) will rely on the gender determination made by the student’s district and will not make separate gender identity determinations.

Per state law, must a transgender student be given access to the restrooms and locker rooms that corresponds to the student’s gender identity?

Yes. However, it is important to remember that each situation is unique and should be addressed individually with the student and administration.

• All students are entitled to safe and adequate restrooms, changing facilities and locker rooms in order to fully participate in school programs and activities.

• School principals should meet with each transgender student (and parent) to address access to restrooms/locker rooms and understand that each situation will be different. Transgender students who are uncomfortable using sex-segregated rest/locker rooms should be provided with a safe and adequate alternative (i.e. nurse’s bathroom or unisex restroom).

To file for a court-ordered legal name change and/or gender markers in Massachusetts:

• MTPC Name & Gender Marker Change Process.

• MTPC Change Legal Name/Gender Marker

• Fenway Health: MA Quick Guide to Change ID