In recently developed K-12 “transgender guidelines” circulated among principals and school counselors, the Olentangy Local School District in Ohio instructs teachers to begin the social transitioning of non-gender conforming students without parental consent.
The guidelines, obtained by non-profit Parents Defending Education, would advise teachers and staff on how to treat students who identify as a member of the opposite sex, though it’s not clear whether they’ve yet been issued to teachers. The guidelines have implications for record-keeping, addressing students, and communicating with parents, and touch on bathrooms/locker room access and overnight school trips.
“A student’s transgender status or gender assigned at birth is not considered directory information and therefore cannot be released without prior consent,” the document reads. It demands that school staff “not disclose information that may reveal a student’s transgender status to others, including parents and other staff, unless legally required to do so,” according to a copy of the document released
Superintendent Mark Raiff writes in an email, obtained by PDE, that “the guidelines were shared following the issuance of new guidance from the US Department of Education and US Department of Justice so that our principals and school counselors were apprised of the most recent developments.”
“As far as board policy, the guidelines support and do not supersede the board policies referenced within the document that prohibit harassment or discrimination based on gender identity,” he adds.
Staff and faculty are to refer to students by the “name and pronoun requested by the student or parent that matches their gender identity,” according to the guidelines. While district administration, staff and faculty are “required to maintain legal name and gender assigned at birth on all legal documents and permanent records” until “provided with a legal name change,” anything “not considered an official school document should feature the student’s preferred name,” it says.
Staff should be careful to make sure the student’s preferred pronouns are changed in the class rosters to “prevent unintentional ‘outing’ of a student’s gender identity,” it notes.
In scenarios in which “parents disagree or parents don’t know the student’s gender identity,” the guidelines instruct school staff to use different approaches depending on age and grade level.
For kids in pre-K through fifth grade, if staff observe a “possible gender identity expression misaligned with their gender assigned at birth AND it is disruptive to their education,” they’re asked to “consult with a counselor, social worker, or district employee” in order to “engage in a non-leading discussion with the student.”
On the matter of bathroom usage, the guidelines stipulate that a student “shall have access to facilities that correspond with their gender identity” and students “should NOT be required to use a single-stall restroom alternative.”
The proposed guidelines were reportedly not presented in a public meeting or voted on by school board officials so there was no opportunity for the community to offer input, PDE noted. Raif and the media department of the school district did not immediately respond to request for comment.
On March 31, the DOJ Civil Rights Division sent a letter to state attorneys general to inform them of federal laws and statutes that allegedly prohibit discrimination on the basis of gender identity.
“The U.S. Department of Justice (the Department) is committed to ensuring that transgender youth, like all youth, are treated fairly and with dignity in accordance with federal law. This includes ensuring that such youth are not subjected to unlawful discrimination based on their gender identity, including when seeking gender-affirming care. We write to remind you of several important federal constitutional and statutory obligations that flow from these fundamental principles,” it read.