School Board discusses gender support plan
The school board heard about a Gender Support Plan during the Civil Rights and Equity Guide presentation to help accommodate students sexual orientation, gender identity and gender expression.
After more than a year of working on the Civil Rights & Equity Guide, the draft version was brought before the School Board Tuesday afternoon.
Positive Prevention Director Chuck Bradley said the guide draws from multiple sources of the law for students and parental rights in education and the U.S. Constitution.
Bradley and Student Services Executive Director Jessica Duncan had help from the community.
“I can’t tell you how much I appreciate the time and extra effort, but all the individuals that gave up their own time to come in and participate,” Superintendent Dr. Christopher Bernier said, as there were many wounds in the community surrounding particular issues. “I thank these two people for taking on the challenge and really working in an open forum and making sure the issues we needed to move forward came to fruition. Our work is not done with this guide. It’s an avenue, manner and means that has to be revisited. This is a guide that aligns with the law and responds to the needs of the community that apparently has a strong voice in their child’s education and rearing.”
District staff opened up the presentation by showing a graphic of a triangle, with student, teacher and parent at each point, showcasing the three parties working together, as the parent has the fundamental right in the upbringing of his or her child.
Title IX was a topic that received a great deal of discussion, as it is an equity law that focuses on such areas as nondiscrimination based on sexual orientation, gender identity and gender expression. This section includes a Gender Support Plan.
Bradley said the Gender Support Plan never had a formal adoption, but only recommended as a best practices document. He said the plan was provided through several groups from the Florida Department of Education as a tool to use, to help support persons regarding gender identity.
Duncan said the plan is individualized, confidential and helps to facilitate a conversation with a student who wants accommodations.
The plan, according to District Spokesperson Rob Spicker, is an example, or a guide, and counselors are under no requirement to use any of the gender support plan guide.
The plan includes a privacy section, student safety, names, pronouns and student records, use of facilities, extracurricular activities and other considerations.
The plan can come into play, Duncan said, if a student goes to a school counselor and says they want to talk about gender identity. She said pronouns may come up during the conversation between the school counselor and student. The conversation further states that the student is welcome to use their preferred pronoun in school with their friends. Duncan said if adults use the preferred pronoun, it has to be part of the plan.
“Not every part is applicable to every student. What the plan looks like might be individualized,” Duncan said.
Bradley said parental involvement is required with the plan.
As a “public school district we are neither here to prohibit or promote. We are not going to encourage the plan unless they feel the need to have one. The student and parent need to bring that forward,” he said.
Part of the discussion involved the use of bathrooms and locker rooms. Board member Chris Patricca provided the example of a biological female who identifies as a male wants to use the boys bathroom, or locker room, makes her very uncomfortable as a parent.
Board Attorney Kathy Dupuy-Bruno said if a student requests to be able to use a bathroom, not a student that one day decides I am going to use a girls bathroom, but has exemplified insistent persistence. She said the 11th Circuit originally affirmed it and then the 11th Circuit changed its mind and completely vacated it and is rehearing the case.
“I completely accept transgender individuals for who they are. Our children are entitled to every reasonable appropriate accommodation. Transgender bathroom and locker room is different for adults than children. We have a unique responsibility, particularly when it comes to students to preserve student privacy,” Patricca said. “Being in a position to where they have to expose themselves to other students who don’t match them biologically, it’s a feeling I have deep into my core and what I generally believe.”
The plan includes a section that addresses such issues as students using certain bathrooms, students changing clothes in particular places and if a student/parent has questions or concerns who they should contact.
“I think we as a board are powerless to do anything about it right now. I wanted to suggest we pass a policy regarding bathroom and lockerroom use, but I don’t think we can do that under the law. What can we do while these cases are being decided to protect all students, not just transgender students, but all students, is architectural changes in our buildings,” Patricca said.
She suggested having dividers in locker rooms, instead of open rooms where everyone changes, so there are barriers in place as a retrofitting measure. Patricca also said there is no reason to penalize students who do not dress out for PE if they are not comfortable changing in the locker rooms.
Bernier said they have already started the conversation not only for new construction, but renovations and schools not currently on the renovation list regarding what the cost would be. He said they are also looking into physical education policy of dressing out.
School board member Melisa Giovannelli said they need to engage with students to see what they are comfortable with to see if they need to retrofit locker rooms.
Bradley said the request can come from any student to use a single stall option, as it does not require parent permission.