Transgender Student Guidelines

http://schools.nyc.gov/RulesPolicies/TransgenderStudentGuidelines/default.htm
Many questions arise for students and school staff when considering the best supports for transgender students. These
guidelines are designed to provide direction for schools to address issues that may arise concerning the needs of transgender
students. Because this is an evolving area for school districts, some of this guidance will undoubtedly change over time.
Schools should be proactive in creating a school culture that respects and values all students and fosters understanding of
gender identity within the school community. These guidelines are intended to help schools ensure a safe learning
environment free of discrimination and harassment, and to promote the educational and social integration of transgender
students. They do not anticipate every situation that may occur and the needs of each student must be assessed on a caseby-case basis. Every student and school is 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.
Definitions:
1. Gender Identity is a persons inner sense of being male or female, regardless of their sex assigned at birth.
2. Transgender is a term which describes people whose gender identity or gender expression is different from their assigned
sex at birth.
3. Gender expression refers to the way a person expresses gender to others in ways that are socially defined as either
masculine or feminine, such as through behavior, clothing, hairstyles, activities, voice or mannerisms.
4. Gender non-conforming people are those whose gender-related identity and/or gender expression do not conform to the
social expectations or norms for a person of that sex assigned at birth.
Discrimination/Harassment
It is the policy of the New York City Department of Education to maintain a safe and supportive learning and educational
environment that is free from harassment, intimidation, and/or bullying and free from discrimination on account of actual or
perceived race, color, creed, ethnicity, national origin, citizenship/immigration status, religion, gender, gender identity, gender
expression, sexual orientation, disability, or weight.
Complaints alleging discrimination or harassment based on a persons actual or perceived transgender status or gender
nonconformity must be handled in accordance with the procedures set forth in Chancellors Regulation A-832 (for student-onstudent allegations) and Chancellors Regulation A-830 (for staff-on-student allegations).
Privacy
Except as set forth herein, school personnel should not disclose information that may reveal a students transgender status.
Under the Family Education Rights Privacy Act (FERPA), only those school employees with a legitimate educational need
should have access to a students records or the information contained within those records. Disclosing confidential student
information to other employees, students, parents, or other third parties may violate privacy laws, including but not limited to
FERPA. Transgender 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.
Schools should work closely with the student and family in devising an appropriate plan regarding the confidentiality of the
students transgender status that works for both the student and the school. Privacy considerations may also vary with the
age of the student.
In some cases, transgender students may feel more supported and safe if other students are aware that they are transgender.
In these cases, school staff should work closely with the student, families and other staff members on a plan to inform and
educate the students peers. It may also be appropriate to engage external resources to assist with educational efforts. A list
of support organizations for transgender students is listed at the end of this document.
Official Records
Each school is required to maintain a permanent pupil record of each student, which includes the legal name of the student as
well as the students biological gender. In addition, schools are required to use a students legal name and gender on
standardized tests and reports to the State Education Department.
To the extent that the school is not legally required to use a students legal name or gender on school records and other
documents, the school should use the name and gender preferred by the student.
A students permanent pupil record should be changed to reflect a change in legal name or gender only upon receipt of
documentation that such legal name and/or gender have been changed pursuant to applicable law.

The documentation required for a legal change of name is a court order or birth certificate demonstrating the students new
name.

For a legal change of gender, the student must provide a birth certificate indicating the students legal gender, or a valid
passport indicating the students legal gender.
The following procedures should be followed if a school receives a request to change a students record to reflect a change in
legal name and/or gender. For students who are currently enrolled in a New York City public school, the school in which the
student is enrolled should make the legal name and/or gender change in ATS upon receipt of the required documentation. For
students who have been discharged, the school should forward the request for the legal name and/or gender change to the
Network data/applications specialist with the appropriate documentation. The Network will follow-up to make sure the
appropriate change is made in ATS.
In all cases, in order to ensure that records accurately reflect circumstances in effect at the time each record was made, that
records can be cross-referenced, and in order to maintain the confidentiality of the students transgender status to the extent
possible, the former name and/or gender will be maintained in archived data in the DOES central database.
Names/Pronouns
Students should be addressed by school staff by the name and pronoun corresponding to their gender identity that is
consistently asserted at school. Students are not required to obtain a court ordered name and/or gender change or to change
their pupil personnel records as a prerequisite to being addressed by the name and pronoun that corresponds to their gender
identity. To the extent possible and consistent with these guidelines, school personnel should make efforts to maintain the
confidentiality of the students transgender status.
Student IDs should be issued in the name that reflects a students gender identity that is consistently asserted at school.
Sports and Physical Education
Transgender students are to be provided the same opportunities to participate in physical education as are all other students.
Generally, students should be permitted to participate in physical education and sports in accordance with the students
gender identity that is consistently asserted at school. Participation in competitive athletic activities and contact sports will be
resolved on a case-by-case basis.
Restroom and Locker Room Accessibility
The DOE aims to support transgender students while also ensuring the safety and comfort of all students. The use of
restrooms and locker rooms by transgender students requires schools to consider numerous factors, including, but not limited
to: the transgender students preference; protecting student privacy; maximizing social integration of the transgender student;
minimizing stigmatization of the student; ensuring equal opportunity to participate; the students age; and protecting the safety
of the students involved.
A transgender student who expresses a need or desire for increased privacy should be provided with reasonable alternative
arrangements. Reasonable alternative arrangements may include the use of a private area, or a separate changing schedule,
or use of a single stall restroom. Any alternative arrangement should be provided in a way that protects the students ability to
keep his or her transgender status confidential.
A transgender student should not be required to use a locker room or restroom that conflicts with the students gender identity.
Gender Segregation in Other Areas
As a general rule, in any other circumstances where students are separated by gender in school activities (i.e. overnight field
trips), students should be permitted to participate in accordance with their gender identity consistently asserted at school.
Activities that may involve the need for accommodations to address student privacy concerns will be addressed on a caseby-case basis considering the factors set forth above.
Dress Codes
Schools can enforce dress codes that are adopted pursuant to Chancellors Regulation A-665. Students have the right to
dress in accordance with their gender identity that is consistently asserted at school, within the constraints of the dress codes
adopted at their school site.
Resources for Transgender or Transitioning Students
Schools have a unique and powerful opportunity to support transgender students, including those going through a gender
transition, while providing education to the entire school community. It is not unusual for a childs desire to transition to first
surface at school. If school staff believe that a gender identity issue is presenting itself and creating challenges for the
student at school or if a student indicates an intention to transition, the school should make every effort to work with the
student and the childs parents. Where the student indicates an intention to transition, the school should work with the family
to prepare for a formal gender transition at school and put in place measures for supporting the child and creating a sensitive
supportive environment at school. Toward that end, schools should:
1) Make resources available to parents who have additional questions or concerns.
2) Develop age-appropriate lessons for students about gender diversity and acceptance: and

3) Be especially vigilant for any bullying or harassment issues that may arise for transgender students. Pursuant to DOE
policy, schools must work to prevent bullying and harassment, and respond promptly when allegations of bullying and
harassment arise.
Some transgender students do not want their parents to know about their transgender status. These situations must be
addresses on a case-by-case basis and require schools to balance the goal of supporting the student with the requirement
that parents be kept informed about their children. In these circumstances, you should confer with your Senior Field Counsel
about how to proceed.
If the school has a School-Based Mental Health Clinic, this can be an important first resource for the student and school
community. Providers are sensitive to identity issues and have been trained to be a source of support for students regarding
gender identity, gender expression and sexual orientation.