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New York Schools Get Guidance on Supporting Trans Students

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The New York State Education Commissioner released the Transgender and Gender Non-Conforming Guidance to school districts this week. The guidance release was prompted after the Education Chancellor received a letter from Gov. Cuomo asking the Department to take action to ensure the implementation of Dignity for All Students Act. This letter cited a report by the New York Civil Liberties Union (NYCLU) which highlights the discriminatory conditions that New York transgender students have been facing.

The National Center for Transgender Equality applauds NYCLU for their consistent advocacy and the New York State Education Department for working to make sure that the state has welcoming schools that foster equal opportunity for transgender students. The guidance advises schools to respect the right of all students to be who they are at school, including using names and pronouns consistent with their gender identity and to dress and use school facilities like restrooms accordingly. Schools are also advised to protect student’s privacy regarding their transgender status and related information like a legal name, and to eliminate unnecessary gender-based rules for dress and school activities. The guidance encourages making unisex restrooms available to everyone, but warns against segregating trans students. Schools are advised that that students may identify as male, female, in-between or neither, and that every student should be allowed to define their own identity and not required to provide medical or other documentation to prove it.

“The important thing we must do is to keep children safe,” Board of Regents Chancellor Merryl H. Tisch said in a statement by the Department. “Children cannot be expected to learn unless they feel welcome, safe, and comfortable at school. Every school should foster that kind of environment for all its students. This new document gives administrators practical guidance to ensure their schools are places where transgender and gender nonconforming students can focus on academics, friendships, and their interests instead of worrying about how they will be treated by school staff and their peers.” Every students deserves a safe and affirming school and these guidelines are a great step forward is making that a reality in the state of New York. Other states with statewide guidance include California, Connecticut, Massachusetts, and Washington State. The US Departments of Justice and Education have also issued guidance and sided with trans students in discrimination cases under Title IX.

We encourage anyone who has faced discrimination in school to check out our Know Your Rights resources.

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