Gender Inclusiveness

Creating Welcoming Schools for Transgender and Gender Nonconforming Students

I. Purpose

Gender identity is a protected status at Maryland School for the Deaf (MSD). The purpose of this policy is to prevent discrimination, stigmatization, harassment, and bullying of students who are transgender or who are gender nonconforming and to create school cultures that are safe, welcoming, and affirming for all students. This policy is also designed to ensure that all students have the opportunity to express themselves and live authentically.

Federal, State, and/or County laws prohibit discrimination on the basis of race, color, sex, age, national origin, religion, sexual orientation, gender identity, gender expression, or disability in any educational program that receives Federal financial assistance. It is the policy of MSD to maintain a learning environment respectful of diversity and free from discrimination and harassment for students.

These guidelines cover conduct that takes place:

- in the school
- on school property and school buses or state vehicles
- at school-sponsored functions, activities
- outside of school, if the conduct may substantially disrupt the school environment

These guidelines also pertain to the use of electronic technology and electronic communication that occurs in the school, on school property, at school-sponsored functions and activities, on school buses or state vehicles, and on school computers, networks, forums, and mailing lists. The guidelines apply to the entire school community, including educators, school staff, students, parents/guardians, and volunteers.

Bullying, harassment, and intimidation based on perceived or real sex, sexual orientation, or gender identity or expression is prohibited in MSD (see MSD's Bullying, Harassment, and Intimidation Policy). MSD addresses bullying, harassment, and intimidation in compliance with its disciplinary policies and regulations, which includes education and providing students and staff with appropriate resources and support.

II. Definitions

II. Definitions

1. Gender Expression — The manner in which a student represents or expresses gender to others, often through manner of speech and word choices, manner of dress and hairstyle, the wearing (or not wearing) of cosmetics, and other distinctive cultural markers of gender.

2. Gender Identity — The student's deeply held internalized sense or psychological knowledge of their gender regardless of the biological sex they were assigned at birth.

3. Gender Nonconforming — An umbrella term for students whose gender expression differs from stereotypical expectations of the sex they were assigned at birth. Students who do not identify with either traditional gender categories or identify as both genders are often called gender non-conforming, gender diverse, or gender expansive.

4. Gender Non-Binary — Students whose gender is not exclusively male or female, including those who identify with a gender other than male or female, as more than one gender, or as no gender.

5. Gender Fluid — Gender identity is not fixed. The student experiences different gender identities at different times.

6. Transgender — Students whose internalized knowledge and sense of who they are as either male or female does not match their sex assigned at birth.

7. Transition — The process through which transgender students begin to live as the gender with which they identify, rather than the one typically associated with their sex assigned at birth. Transitions may include any combination of physical, social, and medical processes. Social transition may include changing names, pronouns, hairstyle, and clothing. Medical transition may include medical components like hormone therapy and gender affirming surgeries. Not all transgender students seek medical care as part of their transition, especially minors.

8. Gender Pronouns — The pronoun with which a student self identifies. Examples include, but are not limited to: he, she, they, and ze.

III. Policy

This policy is designed to provide an overarching framework and assurances that all students will be safe, welcomed, and affirmed. School-family partnerships are essential to ensure a safe and supportive school environment. Depending on privacy needs or a transgender student's own personal transition, school staff are authorized to work with students (and their families, if students explicitly wish) to provide options that may support a student's needs.

IV. Privacy/Confidentiality

MSD respects the rights of students to express their gender identity or expression as they wish. Transgender and gender nonconforming students have the right to discuss and express their gender identity and expression openly and to decide where, when, and with whom to share private information. The fact that a student may wish to use a different name or pronoun at school, or to disclose their transgender or gender nonconforming status to school staff, does not authorize school staff to disclose a student's personally identifiable or medical information. MSD will ensure all personally identifiable and medical information relating to transgender and gender nonconforming students will be kept confidential according to applicable federal, state and local privacy and student record laws.

V. Use of Preferred Name/Official Records

A. Names/Pronouns

MSD recognizes the right of every student to be referred to by their preferred name and pronoun. All staff who work with students will have access to a current and complete list of preferred names and pronouns for all students and will use them in every interaction, unless the interaction could compromise student privacy (see Privacy/Confidentiality section above).

B. Student Records

Each school is required to maintain an official student record of each student, which includes the legal name of the student and birth gender. Official student records can be modified as stipulated under Maryland law and/or in accordance with Maryland State Department of Education (MSDE) guidelines. For more information, please refer to MSD's Policy on Student Records.

VI. Access to Equitable School and Dorm Environment

A. Restrooms, Locker Rooms, Changing Facilities

1. Students shall have access to restrooms, locker rooms, or changing facilities that correspond to their gender identity.

2. A student who does not wish to use a shared facility because of safety, privacy, or any other reason, should, upon request, be provided with a safe and non-stigmatizing alternative arrangement, which may include, but not be limited to:

a. access to a single stall or gender-neutral facility;

b. addition of a privacy partition or curtain;

c. use of a nearby private restroom or office; or

d. a separate changing schedule.

NOTE: Students who are entitled to use a facility consistent with their gender identity cannot be required to use an alternative arrangement. Alternative arrangements should be used only at the request of a student and in a manner that keeps the student's transgender status confidential.

3. A transgender or gender non-conforming student shall not be required to use a separate, non-integrated space when the student has not requested access to such a space. Under no circumstances shall students be required to use sex-segregated facilities that are inconsistent with their gender identity.

4. Some students may feel uncomfortable with a transgender student using the same sex-specific facility. This discomfort is not a reason to deny access to the transgender student. School administrators and counseling staff members should work with students to address their discomfort to foster understanding of gender identity and to create a school culture that respects and values all students.

B. Participating in Physical Education Classes, Intramural & Interscholastic Athletics

All students shall be permitted to participate in physical education classes and intramural sports in a manner aligned with their gender identity. Decisions regarding participation in interscholastic athletics shall be in accordance with the Maryland Public Secondary Schools Athletic Association (MPSAA) guidelines. Questions related to individual student participation shall be referred to MSD's Athletic Director.

C. Single Sex Class & Extracurricular Activities

Non-discrimination and equity consideration in this area may address the following issues:

— Any single-sex classes or extracurricular activities must be consistent with Title IX and applicable regulations, including that the decision to offer a single-sex class or activity generally must be substantially related to an important educational objective.

— The United States Department of Education (USDE) interprets Title IX to mean that schools generally must treat students consistent with their gender identity in all aspects of the single-sex classes and extracurricular activities.

D. Overnight Field Trips & Camps

The comfort of all students is paramount in the decisions around overnight field trips. Maximizing students' social integration may be achieved by applying these guidelines.

— Make arrangements in consultation with the student. If the transgender or gender nonconforming student's parents or guardians are involved and supportive, they may also be consulted.

— Be sensitive to the need to maintain the student's privacy and not disclose or require disclosure of the student's transgender or gender nonconforming status to the other students or their parents without the consent of the transgender or gender nonconforming student and/or the student's parent.

— Allow students the opportunity to room with others according to their gender identity.

— Make efforts to accommodate any student who desires greater privacy; however, no student should be isolated.

E. Dress Code

MSD may enforce dress codes pursuant to its policies and school guidelines. Students shall have the right to dress in accordance with their gender identity in accordance with MSD's dress code policy. MSD school staff shall enforce a school's dress code equitably, regardless of the gender identification of a student.

F. Discrimination, Harassment, Intimidation, or Bullying

Bullying, harassment, and intimidation based on perceived or real sex, sexual orientation, or gender identity or expression is prohibited at MSD. It is the responsibility of MSD to ensure that all students have a safe school environment. This includes ensuring that any incident of discrimination, harassment, intimidation, bullying, or violence is given immediate attention. As such, the school shall take appropriate steps, including documenting a complaint, investigating an incident, taking appropriate corrective action, and providing students and staff with appropriate resources. For more information, please refer to MSD's Bullying, Harassment, or Intimidation Policy.

VII. Training & Professional Development

All MSD personnel who work directly with students are required to participate in, or have access to, annual training that includes:

— The importance of privacy for all students, as well as an overview of the legal and other implications of disclosing gender identity to parents.

— Terms, concepts, and current developmental understandings of gender identity, gender expression, and gender diversity in children and adolescents.

— Developmentally appropriate strategies for communication with students and parents about issues related to gender identity and gender expression that protect student privacy.

— Developmentally appropriate strategies for preventing and intervening in bullying incidents, including cyberbullying.

— Classroom management practices, curriculum, and resources that educators can integrate into their classrooms to foster a more gender-inclusive environment for all students.

Resources for Staff and Families

Advocating for LGBTQ Students with Disabilities: A Guide for Educators and

Parents/Guardians on Supporting LGBTQ Students with an IEP or 504 Plan

Gender Inclusive Schools: Overview, Gender Basics, and Terminology

Gender Inclusive Schools: Child Development and Research

Gender Inclusive Schools: Counseling and Supporting Students and Families

Gender Inclusive Schools: Policy, Law, and Practice

>> For more information, please click this link: https://www.genderspectrum.org/resources

VIII. Legal References

U.S. Constitution, First Amendment (Protects the privacy right of students)

Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq.

The Equal Access Act (1984), 20 U.S.C. §7905