Little will need to change at local public schools following a nationwide directive urging schools to strengthen support for transgender students issued by the U.S. Justice and Education departments Friday.
According to Northampton Public Schools Superintendent John Provost, Massachusetts is a national leader when it comes to supporting transgender students in public schools and it has the legislation to prove it. Massachusetts policies were cited in the mandate.
“Massachusetts has been in the forefront on this issue,” Provost said. “The U.S. Department of Education refers to Massachusetts as a model.”
The directive comes after weeks of national debate over allowing transgender people to use the restroom that coincides with their gender identity. Some states have vowed to defy it.
The controversy was sparked by the Public Facilities Privacy & Security Act, a bill passed in North Carolina in March that overturns an anti-discrimination ordinance passed in the city of Charlotte.
Massachusetts legislation was cited in a document released Friday by the Department of Education outlining best practices for public schools in connection with the directive. The document, titled “Examples of Policies and Emerging Practices for Supporting Transgender Students,” aims to help public schools across the country provide a “safe, supportive, and nondiscriminatory learning environment for all students.”
The document pulls from An Act Relative to Gender Identity legislation passed by Massachusetts in 2011 and enacted July 1, 2012.
The Massachusetts law mentioned in the document is part of Chapter 199 of the Acts of 2011. It states in part: “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.”
The state Senate last week approved an expansion of the bill’s provisions to cover all public accommodations.
According to Provost, transgender students in Northampton public schools and across Massachusetts are legally allowed to use bathrooms and locker rooms that coincide with their gender identity. Students are also given the option to use private facilities and their choice can change over time.
“Each situation is unique. It is reviewed and assessed based on the student,” Provost said. “We make it clear they have the right to access these resources.”
The bill carries over to interscholastic athletics, so students may compete on gender-divided teams that match their gender identity. It also advises teachers to be mindful about using preferred pronouns and updating documents to use the chosen names of transgender students to foster an environment where they feel comfortable and safe while learning.
In Massachusetts, public schools will accept a student’s assertion of gender identity and only question it if “school personnel have a credible basis for believing that the student’s gender-related identity is being asserted for some improper purpose.”
Confirmation of a student’s gender identity may be provided through a letter from a parent, health care provider, school staff member familiar with the student or other family members or friends. Letters from others close to the student and photographs in public or at family gatherings are also accepted.
The document released Friday cited policies from 17 states including Washington, Rhode Island, Nevada, Wisconsin, Alaska, and Minnesota as well as the District of Columbia and various federal bureaus. Although the directive is not legally binding, it noted school districts that do not comply could face lawsuits and loss of federal aid.