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FILE:  AC-AP
CRITICAL

 

PROHIBITION AGAINST DISCRIMINATION, HARASSMENT AND RETALIATION

(Transgender and Gender Nonconforming Employees and Students)

 


The district prohibits discrimination on the basis of gender identity as well as sexual orientation. This procedure outlines some of the efforts the district will make to respect a student’s gender identity.


Definitions


Gender Identity – A person’s deeply held sense or psychological knowledge of his or her own gender, regardless of the gender he or she was assigned at birth.


Transgender – People whose gender identity is different from the gender assigned to them at birth.


Gender Expression – The way a person expresses gender, such as clothing, hairstyles, activities or mannerism.


Gender Nonconforming – Description of people whose gender expression differs from stereotypical expectations.


Privacy


Information about a student’s transgender or gender nonconforming status will be considered confidential information that will only be shared with school personnel on a need-to-know basis. Information about a student’s transgender status also may constitute confidential medical information. School personnel may not disclose information that may reveal a student’s transgender status or gender nonconforming presentation to others, including parents, unless legally required to do so or unless the student has authorized such disclosure. The district will not require the student to discuss his or her status with others.


When contacting the parent or guardian of a transgender or gender nonconforming student, school personnel should use the student’s legal name and the pronoun corresponding to the student’s gender assigned at birth unless the student, parent or guardian has specified otherwise.


Official Records


The district is required to maintain a mandatory, permanent pupil record (“official record”) that includes a student’s legal name and legal gender. The district, however, is not required to use a student’s legal name and gender on other school records or documents. The district will change a student’s official record to reflect a change in legal name or legal gender upon receipt of documentation that such change has been made pursuant to a court order. In situations where school staff or administrators are required by law to use or to report a transgender or gender nonconforming student’s legal name or gender, such as for purposes of standardized testing, school staff and administrators shall adopt practices to avoid the inadvertent disclosure of such confidential information.


Names/Pronouns


Persons, including students and employees, shall be addressed by a name and pronoun that corresponds to their gender identity, as requested by the student or employee. Neither a court-ordered name or gender change, nor a change in official employee or student records, is required.


The intentional or persistent refusal to respect the gender identity of an employee or student after notification of the preferred pronoun/name used by the employee or student is a violation of this procedure.


Gender-Segregated Activities


To the extent possible, schools should reduce or eliminate the practice of segregating students by gender. In situations where students are segregated by gender, such as health education classes, students should be included in the group that corresponds to the student’s gender identity.


Restroom Accessibility


Students and employees shall have access to the restroom that corresponds to the person’s gender identity consistently asserted at school whenever possible or practicable. Any student who has a need or desire for increased privacy, regardless of the underlying reason, should be provided access to a single stall restroom. If no single stall restroom for students is available in the school, the student should be provided access to a single stall restroom in the nurse’s office or main office, but no student shall be required to use such a bathroom.


Locker Room Accessibility


The use of locker rooms by transgender students shall be assessed on a case-by-case basis with the goals of maximizing the student’s social integration and equal opportunity to participate in physical education classes and sports, ensuring the student’s safety and comfort, and minimizing stigmatization of the student. Any student who has a need or desire for increased privacy, regardless of the underlying reason, should be provided with a reasonable alternative changing area such as the use of a private area (e.g., a nearby restroom stall with a door, an area separated by a curtain, a P.E. instructor’s office in the locker room, or a nearby health office restroom), or with a separate changing schedule (e.g., using the locker room that corresponds to the student’s gender identity before or after other students). Any alternative arrangement should be provided in a way that protects the student’s ability to keep his or her transgender status confidential. In no case shall a transgender student be required to use a locker room that conflicts with the student’s gender identity.


Physical Education Classes and Intramural Sports


Transgender and gender nonconforming students shall be permitted to participate in physical education classes and intramural sports in a manner consistent with the student’s gender identity.


Interscholastic Competitive Sports Teams


Transgender and gender nonconforming students shall be permitted to participate in interscholastic athletics in a manner consistent with the student’s gender identity, to the extent allowed by Interscholastic rules and regulations.


Dress Codes


Transgender and gender nonconforming students shall be permitted to dress in a manner consistent with the student’s gender identity or gender expression. Where dress codes and uniform requirements apply to all students, transgender and gender nonconforming students should comply with the uniform requirements consistent with the student’s gender identity.


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Note:  The reader is encouraged to review policies and/or forms for related information in this administrative area.

 

Implemented: 02/27/2013


Kansas City Public Schools, Kansas City, Missouri

 

Link to Missouri Statutes

Link to Missouri Regulations

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For Office Use Only: AC-AP.KCY (01/12)

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