SPASD Guidelines to Support Transgender, Non-Binary, and Gender-Expansive Students

Guidelines to Support Transgender, Non-Binary, and Gender-Expansive Students Updated 2022-23

No student may be unlawfully discriminated against in any school programs, activities or in facilities usage because of the student's sex (gender identity, gender expression and nonconformity to gender role stereotypes), color, religion, profession or demonstration of belief or nonbelief, race, national origin (including limited English proficiency), ancestry, creed, pregnancy, marital or parental status, homelessness status, sexual orientation, age, or physical, mental, emotional or learning disability.

Table of Contents Sun Prairie Area School District Equity Framework Background for Guidelines SPASD Guidelines Appendix A: Sun Prairie Area School District Gender Support Tool Appendix B: SPASD Policies and Procedures Cross Reference Appendix C: SPASD Board Resolution in Support of Transgender, Nonbinary, and all LGBTQIA+ Students and Staff

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Sun Prairie Area School District Equity Framework

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Background for Guidelines The Sun Prairie Area School District mission, “Futures depend on us to inspire and prepare every child, every day, by providing relevant, engaging and innovative learning experiences in and out of the classroom,” dictates that we work to create inclusive learning environments in which transgender, non-binary, and gender-expansive students feel welcome, safe, possess a sense of belonging, and receive the social/emotional supports they need to be successful in a high-quality, rigorous academic program.

Recent local SPASD data (from Dane County Youth Assessment, 2021) indicates generally that: ● Twice as many transgender students than cisgender students felt nervous, anxious, or on-edge always or often in the recent past. ● Twice as many female identifying students than male identifying students felt nervous, anxious, or on-edge always or often in the recent past. ● Highest correlation with anxiety: Gender identity, sexual orientation, performance in school, connection to school, issues in society ● Students who feel less connected to school have higher anxiety; LGBTQ+ students reported lower overall connection to school ● More than twice as many transgender students than cisgender students felt sad or hopeless almost every day for at least two weeks and stopped doing regular activities. ● Almost twice as many transgender students have thought seriously about killing themselves over the past 12 months compared to cisgender students. ● 10 times as many transgender students have done something to hurt themselves on purpose, without wanting to die, such as cutting or burning themselves frequently or occasionally when compared to cisgender students. ● 35% LGBTQ+ students report being harassed or bullying about being gay, lesbian, bisexual or transgender ● LGBTQ+ students reported higher alcohol use, vaping, and/or over-the-counter prescription drugs than compared to other student populations

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SPASD Guidelines The Sun Prairie Area School District is committed to providing a safe, inclusive, nondiscriminatory learning environment for all students, including students who are transgender, nonbinary, and / or gender expansive. The following guidelines serve two important purposes. First, significant portions of the guidelines facilitate compliance with the District's legal obligations. Under many circumstances, an individual's transgender, nonbinary, or gender expansive status serves as a basis for legal rights and protections.

Second, even where specific actions may not be required by applicable law, these guidelines are intended to further the District's local goals concerning the creation and maintenance of positive and supportive environments that appropriately provide for the education, safety, and welfare of all students.

While the guidelines established in this document provide important direction to District employees, students, caregivers, and other persons, the guidelines do not anticipate every situation that may occur with respect to students who are transgender, nonbinary, or gender expansive. When an issue or concern arises that is not adequately addressed by these guidelines, the needs of the student will be assessed on an individualized basis and in consultation with caregivers where appropriate.

These guidelines cover conduct that takes place in the school, on school property, at school-sponsored events and activities, on school buses or vehicles, and at bus stops.

These guidelines also pertain to usage of electronic technology and electronic communication that occurs in the school, on school property, at school‑sponsored events and activities, on school buses or vehicles, at bus stops, and on school computers, networks, forums, and mailing lists. These guidelines apply to the entire school community, including educators, other school and District staff, students, caregivers, volunteers, and visitors.

Students, school staff, and/or caregivers may choose to meet to discuss educational supports, accommodations, and participation consistent with their named gender identity.

The SPASD Gender Support Tool (Appendix A) may be used as a note-taking tool to help guide the conversation and address a wide variety of topics described throughout this document, including the use of names, genders, and pronouns; supports; communication plans; activities and sports; staff training; and anything else the student needs specific to their school experience. Students will lead the conversation and process, with support from trusted adults.

1) Discrimination, Harassment, and Bullying The District prohibits all forms of discrimination, bullying, or harassment based on a person’s actual or perceived transgender, nonbinary, or gender expansive status. Further, existing District policies that prohibit the harassment and bullying of students (such as District Policy JB and District Procedure JB-R, District Policy JBA, and Board Policy AC) apply in full force to any such actions that are based on a student's actual or perceived transgender, nonbinary, or gender expansive status. Complaints alleging discrimination, 5

harassment, or bullying based on a person's actual or perceived transgender, nonbinary, or gender expansive status are to be handled in the same manner as other discrimination, harassment, and bullying complaints.

The Title IX of the Educational Amendments of 1972, which bans sex discrimination in schools, has been interpreted by courts and the US Department of Education to prohibit discrimination against transgender, nonbinary, and gender-expansive students. The Office of Civil Rights and/or Department of Education may find a Title IX violation when a school limits students’ educational rights or opportunities by failing to take reasonable steps to protect students’ privacy related to their transgender status, including their birth name or sex assigned at birth.

District staff members will participate in training to prevent bullying and harassment; ensure that any incident of discrimination, harassment, or bullying is given immediate attention; investigate such acts or complaints: take age and developmentally appropriate corrective action and/or disciplinary action; and, provide students and staff with appropriate resources and education. All district staff members share responsibility for modeling appropriate behavior and creating an environment in which all students are treated fairly and equally.

Students will receive age-appropriate instruction on the District’s policy on discrimination, bullying, and harassment yearly. This will include training on how to prevent bullying and harassment, the process for reporting such incidents, and possible consequences that may result from a report or a complaint, so that students understand that bullying and harassment are serious, harmful transgressions that are not tolerated.

2) Student Privacy and Confidentiality Protecting transgender students’ privacy is critical to ensuring they are treated consistent with their gender identity. All persons, including students, have a right to privacy, and this includes the right to keep one’s transgender and/or gender identity status private at school.

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, according to both state and federal laws.

Individual school staff with knowledge of any student’s transgender, nonbinary, or gender expansive status shall not disclose information that may reveal a student’s status to others, including other school staff, except as explicitly permitted by law. Nonconsensual disclosure of personally identifiable information, such as a student’s birth name or sex assigned at birth, could be harmful to or invade the privacy of the student and may also violate state and federal pupil records laws. The school must maintain the confidentiality of records containing such information in the same manner as it maintains other pupil records and pupil health records. Thus, individual school staff must disclose such information/records to the parents/guardians of the student and may only disclose such information/records to school staff with legitimate educational interests, including safety interests, in the records/information.

In some cases, transgender students may feel more supported and safe if others are 6

aware that they are transgender. In these cases, school staff should work closely with the student, relevant staff, and caregivers (where appropriate) to educate the student’s peers and/or other school staff. It may also be appropriate to engage external resources to assist with educational efforts. The District strongly encourages transgender, nonbinary, and gender expansive students and their caregivers to maintain ongoing communication with the school employees who are working directly with the student in order to address relevant privacy concerns and privacy preferences.

District employees are expected to refer any questions they may have about student privacy and possible disclosures of a student's transgender, nonbinary, or gender expansive status to their school principal, Director of Student Services, Director of Student Policy and School Operations, and/or their designee.

Nothing in these guidelines is intended to deny the right of students who are transgender, nonbinary, or gender expansive to discuss and express their gender identity and expression openly.

See Appendix B for additional policies and procedures.

3) Student Names, Genders, Pronouns and Official School Records Students, parents, or caregivers can submit a request regarding the name, gender, and/or pronouns that District employees will use to address the student at school and in connection with school-related activities.

Upon being informed that a student intends to regularly use a particular name and/or chooses to be addressed using particular pronouns that correspond to the student's gender identity, District and school staff should address the student in a manner that is consistent with the request.

Procedures for requesting a change in student nickname, chosen name, legal name, gender, or pronouns can be found in Form JO-F(4), Student Name/Gender Change Request Form (Found under Policy JO). The requested changes will be reflected in Infinite Campus, email, and/or ID changes upon being processed at the District Support Center through the office of the Director of Student Services.

Additionally, requests may be made for a student of any age to use and be addressed by a different name and/or pronouns, outside of any formal name change request to alter Infinite Campus information.

District and school staff will honor the request to use a different name and/or pronoun, regardless of age. Staff will work with the student to determine the situations (in public, in private, and in confidential spaces) in which they feel comfortable being addressed by a different name and/or pronoun. In the absence of a formal name change request, using Form JO-F (4), communication coming directly from Infinite Campus will continue to utilize the legal name found in IC. 7

In some cases, there may be indications that a caregiver is not supportive of a student’s name, gender, or pronoun request. Staff will work with students to understand all implications, potentially positive or negative, of sharing their request to use a different name and/or pronoun from others, including their caregivers. When caregivers inquire directly about their student’s possible request, District and school staff cannot withhold or conceal information regarding a student’s request from caregivers, regardless of age, even in circumstances where the student has asked that we do so. If a caregiver asks about their child’s name or gender identity, District and school staff are obligated to provide accurate information. School staff will make every effort to support students to engage in conversations about their requests with their caregivers. School staff will help the student to understand that any request to withhold information from caregivers when directly asked cannot be honored. Staff will also work to support caregivers to understand the student perspective and request, providing resources and supports where possible. This obligation to openly share information with caregivers does not apply to individual confidential conversations with student services staff who are covered by other privacy requirements.

4) Restroom and Locker Room Accessibility A student who is transgender, nonbinary, or gender expansive will be permitted to access the men's/women's segregated restrooms in accordance with the student’s gender identity that the student regularly asserts at school and in other social environments. Any student who has a need or desire for increased privacy, regardless of the underlying reason, may be provided with access to a single-access restroom where such a facility is reasonably available, but no student shall be required to use such a restroom because of the student's transgender, nonbinary, or gender expansive status.

If a transgender student makes any request regarding the use of locker rooms or any similar type of changing area, the request shall be assessed on a case-by-case basis with the goals of: (a) facilitating the transgender student's access to the District's physical education curriculum and other relevant programs; (b) ensuring adequate student privacy and safety; and (c) minimizing stigmatization of the transgender 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 in making the arrangements. There is no absolute rule that, in all cases, will require a transgender student to access and use only the locker rooms and other changing areas that correspond to the biological sex the student was assigned at birth.

Any student who 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 a 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 provided in a way that gives adequate consideration to relevant privacy concerns.

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.

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All students have the option of consistently accessing the facilities that correspond to the biological sex that the student was assigned at birth. Documentation and communication is required when supports or accommodations result in use of men’s/women’s segregated restrooms or locker rooms consistent with the student’s gender identity rather than biological sex. This documentation can take the form of notes using the Gender Support Tool, email and/or verbal communication to those adults who have legitimate educational interests, including safety interests, in the information with the primary goal of being proactive to keep the student safe and comfortable.

5) Participation in Physical Education Classes, Athletics, and Other Activities A student who is transgender, nonbinary, or gender expansive shall be permitted to participate in physical education classes, intramural sports, and other athletics or activities in a manner consistent with the gender identity that the student regularly asserts at school and in other social environments.

High School students who are transgender, nonbinary, or gender expansive shall be permitted to participate in interscholastic athletics in a manner consistent with the requirements and policies of the Wisconsin Interscholastic Athletics Association (WIAA).

Participation of middle school students who are transgender, nonbinary, or gender expansive in interscholastic athletics shall be determined through a collaborative process with the student, caregivers, and applicable school staff. Particular attention shall be given to the applicability of WIAA policies and their impact on the student athlete’s continued participation in high school.

6) Scholarships, Awards, and Honors A student who is transgender, non-binary, or gender expansive shall be permitted to pursue and receive a gender specific/segregated District-sponsored scholarship, award, or honor in accordance with the student’s gender identity that the student regularly asserts at school and in other social environments.

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Appendix A: Sun Prairie Area School District Gender Support Tool

Appendix B: SPASD Policies and Procedures Cross Reference Form JO-F(4), Student Name/Gender Change Request Form JB, Student Discrimination and Harassment Complaint Policy JB-R, Student Discrimination and Harassment Complaint Procedures JBA, Bullying, Cyber-bullying and Hazing JBA-R, Bullying, Cyber-bullying and Hazing JH, Student Health and Welfare Policy JHK, Wellness Policy JHK-R, Wellness Procedure JO, Maintenance and Confidentiality of Student Records Policy JO-R, Maintenance and Confidentiality of Student Records Procedure IGDA, Student Activities Policy IGDA-R, Student Activities Procedure IGDJ, Interscholastic Athletics IFF, Parent Rights and Educational Programs/Activities IJ, School Counseling Policy AC, Nondiscrimination in District Programs, Activities, and Operations Wisconsin Interscholastic Athletic Association (WIAA)- Transgender Participation Policy

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APPENDIX C: SPASD Board Resolution in Support of Transgender, Nonbinary, and all LGBTQIA+ Students and Staff WHEREAS, the Sun Prairie Area School District Board of Education and staff stand by our LGBTQIA+ students and staff; and WHEREAS, the Board and District staff take seriously our responsibility to provide, safe, nondiscriminatory, and inclusive environments for people of all orientations and identities as they reflect our diverse community around us; and WHEREAS, the Board and staff are also committed to honoring, valuing, and affirming our transgender, nonbinary and all LGBTQIA+ students, staff, and families through our policies, practices, and curriculum; and, WHEREAS, Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972 prohibit discrimination on the basis of sex; and, WHEREAS, on June 15, 2020 the U.S. Supreme Court held that discrimination on the basis of an individual’s status as gay or transgender constitutes sex discrimination within the meaning of Title VII of the Civil Rights Act of 1964; and, WHEREAS, President Joe Biden issued an Executive Order on January 20, 2021 affirming that discrimination against transgender individuals is discrimination on the basis of sex and that, “Children should be able to learn without worrying about whether they will be denied access to the restroom, the locker room, or school sports;” and, WHEREAS, transgender, nonbinary and all LGBTQIA+ children play sports for the same exact reasons as other children their age, i.e., staying healthy, being part of a team, fostering friendships, gaining confidence and learning self-respect which are all lifelong benefits of playing a sport; and WHEREAS, in 1985, the Wisconsin Legislature enacted section 118.13, Wis. Stats., which prohibits discrimination in public schools on the basis of sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation, or physical, mental, emotional, or learning disability; and, WHEREAS, the Department of Public Instruction and the Wisconsin Interscholastic Athletic Association (WIAA) affirm that denying a student the opportunity to participate on a sports team consistent with their gender identity is likely prohibited sex discrimination; and, WHEREAS, the WIAA supports transgender students participation in athletics based on their gender identity/expression, not the sex they were assigned at birth; THEREFORE BE IT RESOLVED, the Sun Prairie Area School District Board of Education affirms, supports, and values the gender identities and gender expressions of all our students and will continue to further efforts in our schools to create a welcoming, safe,and inclusive learning environment for our transgender, nonbinary and all LGBTQIA+ students; and, 11

THEREFORE BE IT FURTHER RESOLVED, that the Sun Prairie Area School District Board of Education supports human rights and equitable educational opportunities and practices for all LGBTQIA+ students; and, THEREFORE BE IT FURTHER RESOLVED, that the Sun Prairie Area School District Board of Education rejects any legislation or action that dehumanizes, marginalizes, or violates the rights of transgender, nonbinary and all LGBTQIA+ students.

IN WITNESS WHEREOF, this Proclamation was unanimously adopted by the members of the Board of Education of the Sun Prairie Area School District present on the 10th day of May, 2021.

Steve Schroeder, President Bryn Horton, Vice President Dave Hoekstra, Treasurer Carol Sue Albright, Clerk Caren Diedrich, Member Alwyn Foster, Member Sarah Rhoads, Student Member Carson Schmoldt, Student Member May 2021

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