The following guidelines relate to students who are transgender and students who do not conform to gender role stereotypes. These guidelines are intended to create and maintain a positive and supportive environment in our schools to provide for the education, safety and welfare of all students.
While the guidelines established provide important direction to District employees, students, school families, and other persons, the guidelines do not anticipate every situation that might occur with respect to students who are transgender or gender nonconforming. When an issue or concern arises that is not adequately addressed by these guidelines, the needs and concerns of each student will be assessed on an individual basis with consultation with parents/guardians as appropriate.
- Definitions
The definitions below are not intended to label students but rather to assist in understanding these guidelines. Students may or may not use these terms to describe themselves.
- Transgender describes people whose gender identity is different than their biological sex assigned at birth.
- Gender identity is a person’s deeply held sense or psychological knowledge of their own gender, regardless of the biological sex they were assigned at birth.
- Gender nonconforming describes people whose gender expressions differs from stereotypical or prevailing social expectations.
- Gender expression refers to ways a person expresses gender, such as clothing, hairstyles, activities, mannerisms.
- Discrimination, Harassment, and Bullying
The District prohibits all forms of discrimination, harassment or bullying against any student who is transgender or any student who does not conform to gender stereotypes including a student’s actual or perceived gender transgender status or gender nonconformity. This includes ensuring that any incident or complaint of discrimination, harassment or bullying is given prompt attention, including taking appropriate corrective and/or disciplinary action. Complaints alleging discrimination, harassment or bullying based on a person’s actual or perceived transgender status or gender nonconformity are to be handled in the same manner as other discrimination, harassment, and bullying complaints.
- Student Privacy, Names and Pronouns, and Official School Records
Certain records and personally identifiable information related to the student’s gender status or biological sex may be protected not only as an education record, but also as a confidential medical or patient healthcare record. The District further recognizes that a student may have a strong individual interest in maintaining the privacy of his/her transgender status or his/her gender nonconforming presentation at school. In addition to adhering to all legal standards of confidentiality, school personnel with knowledge of any student’s transgender status or gender nonconforming presentation are expected to treat that information as being particularly sensitive, even internally among school staff and school officials. District employees are expected to refer any questions they may have about student privacy and possible disclosures to the Director of Secondary or Elementary Education. The District strongly encourages students who are transgender or gender nonconforming and their families to maintain ongoing communication with school employees who are working directly with the student in order to address, among other issues, relevant privacy concerns and privacy preferences.
When referring to students at school in connection with school activities, school personnel will normally use the student’s legal name and the pronouns that correspond to the student’s biological sex assigned at birth. However, an adult student or the parent/guardian of a minor student may determine the name and gender pronouns that school employees will use to address the student at school in connection with school-related activities. A court-ordered name change, documentation of medical treatment, or medical procedure is not required to initiate such request. Upon being informed that a student intends to regularly use a particular name and/or prefers to be addressed using particular pronouns that correspond to the student’s gender identity, school personnel are expected to respect that decision.
The District’s approach of respecting a student’s decision to regularly use a name and pronouns that correspond to the student’s gender identity is not commitment to change all existing school records in order to reflect those preferences. Further, there may be situations where the District is required to use or report the legal name and/or biological sex of the student as that data is reflected in the District’s official records. The extent to which official records of the District are modified will depend on a case-by-case evaluation of the information that is received. For example, when a student changes his or her legal name and that change is sufficiently substantiated, the District will amend the name in the student management system and issue a high school transcript under the student’s new legal name.
- Restrooms and Locker Accessibility
In most cases, a student who is transgender will be permitted to access the men's/women's segregated restrooms that correspond to the gender identity that the student consistently asserts at school and in other social environments, but this determination should be made on a case-by-case basis, taking into account all of the circumstance and documentation. It may be appropriate to ask the student and/or parents for additional information, such as a written statement from the student, parents, and/or health care professional, confirming the student’s consistent gender identity and expression.
Any student that has a need or desire for increased privacy, regardless of the underlying reason, may be provided (to the extent reasonably available) with a reasonable alternative changing area (for example, a nearby restroom stall with separate door, an area separated by a curtain, a physical education teacher’s office in the locker room, or a nearby single-access restroom) or provided with an alternative changing schedule. Any alternative arrangement should be made in a way that gives adequate consideration to relevant privacy concerns.
If a student who is transgender makes a request regarding the use of locker rooms or any similar type or changing area, the request shall be assessed on a case-by-case basis with the goals of: (a) facilitating the student’s access to the District’s physical education curriculum and other relevant programs; (b) ensuring adequate student privacy and safety; and minimizing stigmatization of the student. The physical layout of the facility and the degree of undress required when changing for the applicable activity are examples of factors that will be considered when making the arrangements.
These guidelines related to restrooms and changing areas generally assume that a student has a special concern or is in some way uncomfortable with consistently using the facilities that correspond to the biological sex that the student was assigned at birth. There is no absolute rule that, in all cases, will require a student who is transgender to access and use only the locker rooms and other changing areas that correspond to the biological sex that the student was assigned at birth. However, all students have the option of consistently accessing the facilities that correspond to the biological sex that the student was assigned at birth. Accordingly, the District’s willingness to address individualized concerns and requests that relate to restroom and changing area access does not mean that any student is required to establish an individualized arrangement or plan with the school.
- Participation in Physical Education Classes and Sports Activities
A student who is transgender shall be permitted to participate in physical education classes and intramural sports in a manner consistent with the gender identity that the student regularly asserts at school and in other social environments.
Students who are transgender shall be permitted to participate in interscholastic athletics in a manner consistent with the requirements and policies of the Wisconsin Interscholastic Athletics Association (WIAA).
- Dress Codes
Within the constraints of the District’s dress code policy and dress codes adopted by the school, students may dress in accordance with their gender identity. School personnel shall not enforce a dress code more strictly against students who are transgender or gender nonconforming than they would for other students.