New York State Education Department issues Guidelines to become more inclusive for Trans* and Gender Nonconforming Students

The New York State Education Department (NYSED) this month has issued guidelines for all of their school districts to become more inclusive and safer for Transgender and Nonconforming students.

The full document can be found here:
http://www.p12.nysed.gov/dignityact/documents/Transg_GNCGuidanceFINAL.pdf

The document does a good job at providing education as to definitions of common terminology, why these policies are important, examples of situations a school may encounter, and how these policies will affect students in meaningful ways. It's one of the more impressive documents I've encountered.

Here are the well worded definitions they use for terminology used throughout the document:

Assigned Sex at Birth: the sex designation, usually “male” or “female,” assigned to a person when they are born.

Cisgender: an adjective describing a person whose gender identity corresponds to their assigned sex at birth. 

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: 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. Everyone has a gender identity. 

Gender nonconforming (GNC): a term used to describe people whose gender expression differs from stereotypic expectations. The terms “gender variant” or “gender atypical” are also used. Gender nonconforming individuals may identify as male, female, some combination of both, or neither. 

Sexual Orientation: a person’s emotional and sexual attraction to other people based on the gender of the other person. Sexual orientation is not the same as gender identity. Not all transgender youth identify as gay, lesbian or bisexual, and not all gay, lesbian and bisexual youth display gender-nonconforming characteristics. 

Transgender: an adjective describing a person whose gender identity does not correspond to their assigned sex at birth. 

Transition: the process by which a person socially and/or physically aligns their gender expression more closely to their actual gender identity and away from that associated with their assigned sex at birth. 

Here is the section specific to restroom use:

School districts, as well as students and their families, may find the use of restrooms, changing facilities, and participation in extracurricular activities to be among the more important issues in this area. The United States Departments of Education and Justice have stated that: 

[u]nder Title IX, discrimination based on a person’s gender identity, a person’s transgender status, or a person’s nonconformity to sex stereotypes constitutes discrimination based on sex. As such, prohibiting a student from accessing the restrooms that match his gender identity is prohibited sex discrimination under Title IX. There is a public interest in ensuring that all students, including transgender students, have the opportunity to learn in an environment free of sex discrimination.  

Alternative accommodations, such as a single “unisex” bathroom or private changing space, should be made available to students who request them, but should never be forced upon students, nor presented as the only option. The following are examples of ways in which school officials have responded to situations involving gender-segregated activities or spaces: 

EXAMPLES: 

In one elementary school, a transgender second-grader socially transitioned from female to male. After consultation with the student’s family and in accordance with the student’s wishes, the principal informed the staff: In order to foster an inclusive and supportive learning environment, the student will begin using male restrooms, in accordance with the student’s male gender identity and expression. 

In one high school, a transgender female student was given access to the female changing facility, but the student was uncomfortable using the female changing facility with other female students because there were no private changing areas within the facility. The principal examined the changing facility and determined that curtains could easily be put up along one side of a row of benches near the group lockers, providing private changing areas for any students who wished to use them. After the school put up the curtains, the student was comfortable using the changing facility.