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| Marvin Zuker |
New Brunswick draft policy: The repeal of policy 713 transgender guidelines
A. Purpose
The purposes of these guidelines are:
1. To foster a learning environment that is safe, and free from discrimination, harassment and bullying; and
2. To assist in the educational and social integration of transgender students in our school. These guidelines are intended to be interpreted in light of board policies, procedures and school rules. Administrators and school staff are expected to consider the needs of students on a case-by-case basis, and to utilize these guidelines and other available resources as appropriate.
2. To assist in the educational and social integration of transgender students in our school. These guidelines are intended to be interpreted in light of board policies, procedures and school rules. Administrators and school staff are expected to consider the needs of students on a case-by-case basis, and to utilize these guidelines and other available resources as appropriate.
B. Definitions
Administrators, school staff, volunteers, students and others who interact with students are expected to be sensitive to the ways in which particular transgender students may wish to be identified. These guidelines refer to “transgender students.”
1. Sexual orientation — Sexual orientation is defined as an individual’s “actual or perceived heterosexuality, bisexuality, homosexuality or gender identity or expression.”
2. Gender identity — A person’s deeply held sense or psychological knowledge of their own gender. One’s gender identity can be the same or different from the gender assigned at birth.
3. Gender expression — The manner in which a person represents or expresses gender to others, often through behaviour, clothing, hairstyles, activities, voice or mannerisms.
4. Transgender — An adjective describing a person whose gender identity or expression is different from that traditionally associated with an assigned sex at birth.
5. Transition — The process by which a person goes from living and identifying as one gender to living and identifying as another. For most elementary and secondary students, this involves no or minimal medical interventions. In most cases, transgender students under the age of 18 are in a process of social transition from one gender to another.
2. Gender identity — A person’s deeply held sense or psychological knowledge of their own gender. One’s gender identity can be the same or different from the gender assigned at birth.
3. Gender expression — The manner in which a person represents or expresses gender to others, often through behaviour, clothing, hairstyles, activities, voice or mannerisms.
4. Transgender — An adjective describing a person whose gender identity or expression is different from that traditionally associated with an assigned sex at birth.
5. Transition — The process by which a person goes from living and identifying as one gender to living and identifying as another. For most elementary and secondary students, this involves no or minimal medical interventions. In most cases, transgender students under the age of 18 are in a process of social transition from one gender to another.
C. Addressing the needs of transgender students For the purposes of these guidelines, a student will be considered transgender if, at school, he/she consistently asserts a gender identity or expression different from the gender assigned at birth. This involves more than a casual declaration of gender identity or expression, but it does not necessarily require a medical diagnosis.
D. Guidance on specific issues
1. Privacy: The student plan should address how to deal with disclosures that the student is transgender. In some cases, a student may want school staff and students to know, and in other cases the student may not want this information to be widely known. School staff should take care to follow the student’s plan and not to inadvertently disclose information that is intended to be kept private or that is protected from disclosure (such as confidential medical information).
2. Names/pronouns: A student who has been identified as transgender under these guidelines should be addressed by school staff and other students by the name and pronoun corresponding to their gender identity that is consistently asserted at school.
3. Restrooms: A student who has been identified as transgender under these guidelines should be permitted to use the restrooms assigned to the gender which the student consistently asserts at school. A transgender student who expresses a need for privacy will be provided with reasonable alternative facilities or accommodations such as using a separate stall or a staff facility. However, a student shall not be required to use a separate non-communal facility over his/her objection.
4. Locker rooms: As a general rule, transgender students will be permitted to use the locker room assigned to the gender which the student consistently asserts at school. A transgender student will not be required to use a locker room that conflicts with the gender identity consistently asserted at school. A transgender student who expresses a need for privacy will be provided with reasonable alternative facilities or accommodations, such as using a separate stall, a staff facility or separate schedule.
5. Dress code: Transgender students may dress in accordance with their consistently asserted gender identity, consistent with any applicable requirements in the dress code or school rules.
6. Safety and support for transgender and transitioning students: School staff are expected to comply with any plan developed for a transgender student and to notify the building administrator or other designated support person for the student if there are concerns about the plan, or about the student’s safety or welfare. School staff should be sensitive to the fact that transgender and transitioning students may be at higher risk for being bullied or harassed and should immediately notify the appropriate administrator if he/she becomes aware of a problem.
This is the seventh instalment of an eight-part series. Part one: New Brunswick: Shame on you and your policy 713. Part two: New Brunswick: Shame on you and your policy 713. Part three: New Brunswick: Shame on you and your policy 713. Part four: New Brunswick: Shame on you and your policy 713. Part five: New Brunswick: Shame on you and your policy 713. Part six: New Brunswick: Shame on you and your policy 713.
Marvin Zuker was a judge of the Ontario Court of Justice, where he presided over the small claims, family and criminal courts from 1978 until his retirement in 2016. He is professor at Ontario Institute for Studies in Education/University of Toronto, where he has been teaching education law for 42 years. Zuker is the author and co-author of many books and publications, including The Law is Not for Women and The Law is (Not) for Kids.
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