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Transgender and Gender Non-Conforming Student Rights

What laws protect transgender students?
Title IX of the Education Amendments of 1972
The Equal Protection Clause of the United States Constitution
The First Amendment of the United States Constitution
The Due Process Clause of the United States Constitution
MA State laws
603 CMR 26.01: Definition

(3) For purposes of 603 CMR 26.01, gender identity shall mean a person’s gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth. Gender-related identity may be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity, or any other evidence that the gender-related identity is sincerely held as part of a person’s core identity; provided, however, that gender-related identity shall not be asserted for any improper purpose.

Transgender and gender non-conforming student rights at GNBVT:

  • Students have the right not to be disciplined or be treated differently because they are transgender or gender non-conforming.
  • Students have the right to be treated with respect and not harassed or bullied because they are transgender or gender non-conforming.

     

    • GNBVT takes action through professional development and adherence to laws to prevent and remedy unlawful sexual harassment, including harassment on the basis of gender identity.
    • GNBVT has grievance procedures through which students can complain of alleged sex discrimination, including transgender harassment.
  • Students have the right to equal educational opportunities including the right to use locker rooms and restrooms that are consistent with a student’s gender identity, and to participate equally in athletic or extracurricular activities and other school events.
  • Students do not have to provide medical documentation of a gender transition to have access to such facilities and programs.
  • Students have the right to transition at school, which means that students have the right to express their transitioned gender.
  • Students have the right to be called by their preferred names and pronouns.
  • Students have the right to dress according to their gender identity so long as they follow appropriate dress rules that apply to all students.
  • Students have the right not to be compelled to provide personal and medical information to school officials, and school officials must not disclose personal information about a transgender student, including information about the student’s sex assigned at birth, medical history, gender identity, or gender transition without the student’s consent.

School Counselors:

  • Assist students throughout their educational experience at GNBVT to ensure their success.
  • Meet with any transgender or gender non-conforming students to develop a personalized plan for their transition in to high school. This includes notifying staff of preferred pronouns/name, ID preferences, and other questions or concerns they may have.
  • Communicate with parent/guardian, if appropriate, to assist the family in their transition as it relates to school.
  • Make referrals to a School Adjustment Counselor (SAC) if the student feels additional support during the school day to assist in their transition as it relates to school.