Here's how to make your school better for trans students or advocate for yourself or your family.
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Here's what you need to know
Anti-transgender discrimination is illegal—no matter what the Trump administration says. As the vast majority of courts have said, transgender students are protected under Title IX, the federal law that makes sex discrimination in schools illegal, and by the U.S. Constitution. And as educators and child health experts recognize, treating transgender students with respect is not only required under the law, it's also the right thing to do.
Some people are worried about what the Trump administration's actions mean for them and their family. Just days after taking office, the Trump administration withdrew an Obama-era guidance document that clarifies what laws like Title IX require when it comes to treating transgender students fairly. That was a callous attack that left a lot of people worried, scared, and angry. And it created confusion for schools and sent them a message that discriminating against trans studnets is okay. But the Trump administration's actions did not—and can not—change what Title IX requires or make it any less illegal to discriminate against transgender students. Take a look at NCTE's FAQ to learn more about what this means for you.
There's a lot you can do to make sure that trans students at your school are protected. You can work with your teachers or school administrators to adopt policies at your school and school district that explicitly protect trans students from discrimination. And trans students who face discrimination can still enforce their rights under Title IX and the Constitution with a lawyer's help or file complaints with state agencies, since many of them have helpful policies or rules. Learn more about how to do that by taking a look at NCTE’s Know Your Rights guide.
Here are some tips for making a difference at your school
Any school can decide that it wants to have a policy that supports transgender students. Here are some tips on how to improve your school’s policies.
1. Come up with a game plan. Think about what would work best at your school.
- Who can help? A supportive teacher or counselor, or other students or parents? Creating a team is almost always easier than going it alone.
- After you have your team, what is your strategy? Do you want to go quietly to the school principal? Go to the school board? Do you need to go loud with a community campaign?
2. Meet frequently and adjust your strategy. Should you try a different approach? Should you contact the media?
3. Use the resources on this page. Collected below are resources from the government, as well as resources from NCTE and other non-profits.
Great resources to take to your school officials:
Resources by NCTE and Partner Organizations
- NCTE and GLSEN’s Model School Policy, which includes policies that schools can adopt to support trans students
- Schools in Transition, a practical guide to help school officials address issues affecting trans students
- This FAQ on trans students and restrooms, which addresses common questions school officials may have about restroom access. It is endorsed and supported by the American School Counselor Association, the National Association of Elementary School Principals, the National Association of School Psychologists, and the National Association of Secondary School Principals.
- This policy from the American Academy of Pediatrics, recommending that transgender students be supported and affirmed in their gender identity, including at school
- Lambda Legal's Safe Havens: Closing the Gap Between Recommend Practice and Reality for Transgender and Gender-Expansive Youth in Out-of-Home Care, a comprehensive analysis of the troubling lack of explicit laws and policies in most states to protect transgender, gender-expansive and gender non-conforming (TGNC) youth in the child welfare, juvenile justice, and runaway and homeless youth systems (“out-of-home care systems”).
- NCTE's FAQ explaining what the Trump administration's decision to overturn the Title IX guidance means.
Key Resources from U.S. Department of Education
- Federal guidance on respecting trans students. This letter, which went out to schools around the country, says that trans students should be treated according to their gender identity, including when it comes to names and pronouns, dress codes, and restrooms. While the Departments of Justice and Education have now withdrawn the guidance document, you can still give it to your school to show them examples of what supportive policies look like.
- Examples of supportive policies from the Department of Education. These examples show different approaches schools across the country have taken across a range of issues, and it has not been rolled back.
- Federal guidance on bullying and harassment, including gender-based and anti-transgender bullying. This guidance from the Department of Education has not been rolled back.
Make a difference in your state and nationwide
- Tell your governor to support transgender students in your state. Urge your governor to push for new rules or policies protecting transgender students from discrimination or strengthen existing ones.
- Tell the Trump administration why its attack on transgender students was wrong and harmful. Share your story with the President, Attorney General Jeff Sessions, and Education Secretary Betsy DeVos and tell them how taking away the guidance protecting transgender students has affected you or a transgender student in your life.
Federal law prohibits discrimination against trans students nationwide. Some states have detailed statewide guidelines on the rights of trans students, including:
If it gets tough, reach out for support:
Contact NCTE or an LGBT organization in your area.
Learn more about what your school is required to do at our Know Your Rights page, Transgender and Gender Non-Conforming Students: Your Rights at School.
If your school discriminates against trans students, reach out to these LGBT legal groups for help.
Who's with trans students?
Check out the organizations and prominent individuals who have made strong statements supporting trans students. You can use them in your advocacy with your school. And take a look at the friend-of-the-court briefs filed with the Supreme Court in Gavin Grimm's case here to find statements by leading experts on education, children's health, and many others explaining why supporting trans students is so important.
American Academy of Pediatrics: Transgender youth, "like all children, flourish when they feel supported. Therefore, the [AAP] policy emphasizes a gender-affirmative model of developmentally appropriate care oriented toward understanding and appreciating the gender experience of all youths." The policy recommends "advocacy with school districts, communities, and policymakers to promote acceptance, inclusion and legal protection for all children without fear of harassment, exclusion or bullying because of gender expression."
American College of Physicians and 17 other major medical organizations: "Access to single-sex facilities that correspond to one’s gender identity is a critical aspect of social transition and, thus, successful treatment of gender dysphoria. By contrast, excluding transgender individuals from facilities consistent with their gender identity undermines their treatment, exacerbating the condition; exposes them to stigma and discrimination as well as potential harassment and abuse; harms their physical health by causing them to avoid restroom use; and impairs their social and emotional development, contributing to poorer health outcomes throughout life."
- American Federation of Teachers: “America is at its best when we are inclusive. Recognizing that a person’s gender identity should be respected is a move every American should be proud of.”
- American Psychological Association and National Association of School Psychologists: “[The APA and NASP] recommend that administrators create safer environments for gender diverse, transgender, and intersex/DSD students, allowing all students, staff, and teachers to have access to the sex-segregated facilities, activities, and programs that are consistent with their gender identity, including, but not limited to, bathrooms, locker rooms, sports teams, and classroom activities, and avoiding the use of gender segregation in school uniforms, school dances, and extracurricular activities, and providing gender neutral bathroom options for individuals who would prefer to use them.”
- American School Counselor Association: “All students, regardless of their race or ethnicity, religion, age, economic class, gender or sexual identity, deserve a safe and supportive school climate that fosters academic achievement and college and career readiness. Students cannot perform to their highest levels when the school environment creates barriers to learning, instead of removing barriers.”
- Attorneys General of California, Connecticut, Delaware, Illinois, Maryland, Massachusetts, New Hampshire, New Mexico, New York, Oregon, Vermont, Washington State, and the District of Columbia: "Policies that allow employees, students, and members of the public to use facilities consistent with their gender identity promote safe and inclusive communities, workplaces, and schools, a benefit that accrues to all."
- National Association of Elementary School Principals: “It is critically important to maintain a positive school culture where all students feel included and respected, regardless of their gender identity or gender expression.”
- National Association of Secondary School Principals: “The principal’s most important role is to create a climate and culture in which each student feels valued – so we can build we can build each student’s human potential.”
- National Education Association: “Transgender students have the right to equal educational opportunities, and educational institutions must treat transgender students consistent with their gender identity in all respects.”
- National Organization for Women: “We know that achieving real equality for all women includes promoting the fundamental rights of transgender people, and the work of our chapter leaders and activists around the country includes working with our allies to ensure the safety and dignity of all transgender students.”
- National Parent-Teacher Association: “Educators can and do provide transgender students the inclusive and supportive environment they need—including equal access to restrooms and other essential facilities—to thrive in school and beyond.... These policies have transformed the educational experience of transgender students while—critically—avoiding any disruption or harm to the educational experience of other students."
- Nineteen Leading Education Organizations: "We are working to ensure that all students can enjoy a safe and affirming learning environment; have the support of educators, administrators, family members and peers; are affirmed in their gender identity and expression; and are protected by nondiscrimination policies that promote equity and respect for all members of the community."
- Former U.S. Attorney General Loretta Lynch: “Please know that history is on your side. This country was founded on a promise of equal rights for all, and we have always managed to move closer to that promise, little by little, one day at a time. It may not be easy – but we’ll get there together.”
- Former U.S. President Barack Obama: “We should deal with this issue the same way we’d want it dealt with if it was our child. And that is to try to create an environment of some dignity and kindness for these kids.”
- Numerous school officials around the country: "We have not experienced problems with policies allowing transgender students to access bathrooms or locker rooms in accordance with their gender identity. Nor have we experienced transgender students or any other students attempting to be dishonest or break the rules. To the contrary, our transgender students simply want to be safe while using school facilities."
More Resources from the Department of Education
Most people won’t need to use these additional resources from the Department of Education, but here they are just in case they are helpful for your work at your school. Some of these resources could be pulled from the Department of Education's website in the future, but they are still good examples of what discrimination against transgender students includes and how to address it.
- This guide for Title IX Coordinators (each school district should have a person on staff that is their Title IX Coordinator)
- This Q&A about single-sex classes and activities
- Case resolutions: The Department of Education has already worked with a lot of schools to improve their policies and respond to complaints by trans students. For each of these cases, there is a findings letter (which explains what happened in that case) and a settlement (which explains what the school had to do to comply). This includes schools in Illinois (Findings/Settlement), South Carolina (Findings/Settlement), North Carolina (Findings/Settlement), New York (Findings/Settlement), and California (Findings/Settlement; Findings/Settlement).
Share your story
Share your story of being a trans student or the story of a trans student in your life with NCTE. NCTE can use these stories to help convince policymakers to change policies. In some cases, we might also be able to work with you to get your story into the media.