Policy FAB - Transgender Students

Policy FAB - Transgender Students (PDF)

Issue Date: December 16, 2020


Definitions 

1. “Assigned gender.” This is the gender designated at the time of birth and may also be thought of as the gender corresponding to the individual’s original physiology, or biological gender. 

2. “Gender identity.” This is the individual’s internal sense of gender, and “identified gender” refers to the gender that matches this internal sense. Gender identity can be shown by information including but not limited to medical history, care or treatment of the gender identity, consistent and uniform assertion of the gender identity, or other evidence that the gender identity is sincerely held, part of a person's core identity, and not being asserted for an improper purpose. 

3. “Gender expression” means the external cues or indications used to communicate gender to others, such as behavior, clothing, hairstyles, activities, voice, mannerisms, or body characteristics. 

4. “Transgender” means that an individual’s assigned gender differs from the individual’s gender identity. 

5. “Transgender boy” (or “transgender man”) is an individual whose assigned gender is female but whose gender identity is male. 

6. “Transgender girl” (or “transgender woman”) is an individual whose assigned gender is male but whose gender identity is female. 

Utah Code § 34A-5-102 (1)(o) (2016) 

Records and References 

The official records of the student shall reflect the student’s legal name and gender, which is the name and gender listed on the student’s birth certificate or as changed by court order. Access to this portion of official student records shall be restricted to maintain the confidentiality of a student’s transgender status. 

Utah Code § 26-2-11 (1995) 

Utah Code § 42-1-1 (1953) 

The unofficial records of the student shall reflect the preferred name and gender identity of the student as agreed upon by the student’s parents and/or guardians. Students shall be addressed or referred to by the pronouns associated with the identified gender: transgender boys shall be referred to using “he” “his” and “him” and transgender girls shall be referred to using “she” “her” and “hers”, as agreed upon by the student’s parents and/or guardians. 

A student’s transgender status shall not be disclosed without the student’s consent or parents and/or guardians consent except as expressly authorized by the superintendent following such legal consultation as the superintendent determines is appropriate. 

Facilities 

In determining which gender-segregated school facilities (restrooms and locker rooms) are to be used by transgender students, the school administrator shall take into consideration the desires of the individual transgender student and of the student’s parents as well as the privacy interests of other students and the parents of other students. In addition to having the transgender student use the facilities corresponding with the gender identity, potential accommodations include use of single user restrooms or changing spaces or using facilities at a different time than other students. If the desired use by the transgender student is in significant conflict with privacy interests of other students, the school administrator should consult with the superintendent and as appropriate with legal counsel. 

Classes and Activities 

When classes or intramural activities are segregated by gender, transgender students are to be grouped according to the student’s gender identity. Where students are grouped according to qualities, which may have some association with gender (such as vocal quality for singing groups), the pertinent quality shall be evaluated without regard to assigned gender or transgender status. Where school activities involve overnight travel, lodging arrangements for transgender students shall take into consideration the desires of the individual transgender student and the student’s parents as well as the privacy interests of other students and their parents and/or guardians If the arrangement desired by the transgender student is in significant conflict with privacy interests of other students, the school administrator should consult with the superintendent and as appropriate with legal counsel. 

UHSAA Extracurricular Activities 

Participation by students in activities under the oversight of the Utah High School Activities Association is subject to UHSAA rules and policies. Where a transgender student wishes to participate in a gender-segregated UHSAA sport or activity according to gender identity rather than assigned gender, the school shall allow the student to participate according to the student’s gender identity as determined by the District, which is to determine that the gender identity is bona fide and not for the purpose of gaining an unfair advantage in competitive athletics. The District shall make this determination at the time that sports eligibility is determined based on the student’s gender identification in school records and in daily life activities at the school and in the community. This determination shall be based on the following types of evidence: 

1. Documentation from individuals which affirms that the actions, attitudes, dress and manner demonstrate the student’s consistent gender identification and expression; 

2. A complete list of the student’s prescribed, non-prescribed or over the counter, treatments or medications; 

3. Written verification from an appropriate health-care professional (doctor, psychiatrist, or psychologist) of the student’s consistent gender identification and expression; and 

4. Any other pertinent documentation or information which the student, parent or legally appointed guardian(s) believe relevant and appropriate. 

A student may not transfer from a gender-specific team to a gender-specific team of another gender during a sports season. Once a student’s gender identity has been addressed by the student and the District, the determination shall remain consistent for the remainder of the student’s high school sports eligibility. The school shall not disclose the transgender student’s identity to UHSAA without the consent of the student and the student’s parents. 

Utah High Schools Activities Association Handbook 2019-20, Interps. & Guidelines 1.1.4 

Bullying and Harassment 

Policy FGAD, which prohibits bullying, cyberbullying and harassment regardless of the motivation for such misconduct, applies to prohibit bullying, cyberbullying or harassment of students because of their transgender status or gender expression. When the parent of a transgender student is given the required notification of a bullying or harassment incident against a transgender student which is motivated by transgender status or gender expression, care should be taken to avoid disclosing the student’s transgender status to the student’s parents if the student has not consented to such disclosure. 

When a student has been bullied, cyberbullied, or harassed because of the student’s transgender status or gender expression, consideration should be given to what support, counseling, or other assistance the student may need to prevent such mistreatment from adversely affecting the student’s ability to learn and function in the school setting. 

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