{"id":785,"date":"2016-06-01T12:50:48","date_gmt":"2016-06-01T16:50:48","guid":{"rendered":"https:\/\/townunderground.com\/?p=785"},"modified":"2016-06-01T12:50:48","modified_gmt":"2016-06-01T16:50:48","slug":"lt-school-board-looks-at-federal-law-transgender-rights","status":"publish","type":"post","link":"https:\/\/townunderground.com\/?p=785","title":{"rendered":"LT: School Board Looks at Federal Law, Transgender Rights"},"content":{"rendered":"

From the Londonderry Times:<\/p>\n

School Board Looks at Federal Law, Transgender Rights<\/a><\/p>\n

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Kathleen D Bailey<\/a> <\/span><\/span><\/div>\n<\/header>\n<\/article>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n
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Londonderry School District Superintendent Nathan Greenberg confirmed that transgender students cannot be excluded from going on overnight trips and sleeping in a room with children of the gender with which they identify.<\/p>\n

But it may not be as big an issue as people think, he added. \u201cThe kids are already aware of who is, who is not,\u201d he said. \u201cIf kids agree to room together, the parents know, too. That\u2019s it.\u201d<\/p>\n

Forget budgets, buildings and even school lunches. The Londonderry School Board is facing one of its strongest challenges in recent years: protecting a small but vulnerable segment of its population while safeguarding everyone\u2019s rights and modesty. The board discussed the issue of transgender students, including bathrooms, locker rooms and overnight trips, at its May 17 meeting.<\/p>\n

Board chair Nancy Hendricks preceded Greenberg\u2019s presentation by stating, \u201cIt is the position of this board that we support all students. We are beginning the discussion and will continue to offer information.\u201d<\/p>\n

Hendricks also asked for all communication to be \u201cthoughtful, respectful and non-inflammatory.\u201d<\/p>\n

Background<\/p>\n

Greenberg gave background on the issue and the protection of transgender students in public schools. The district offered a half-inch-thick packet of supporting material, and Greenberg referred to about a third of it during his PowerPoint presentation.<\/p>\n

Greenberg pointed out that the district already has a Non-Discrimination policy, Policy AC, and a Sexual Harassment Prevention Policy, Policy ACA-S. Based on recent cases, he said, \u201cIt is clear that transgender students are included under vari ous Federal laws including but not limited to Title IX and the Civil Rights Act.\u201d Greenberg noted that the Civil Rights Act and Title IX are the basis for the two policies and said, \u201cIt would make sense going forward for the board to adopt guidelines pertaining to transgender children.\u201d<\/p>\n

Greenberg\u2019s presentation included the following definitions:<\/p>\n

\u2022 \u201cTransgender,\u201d a person who consistently and uniformly asserts a gender different from the gender assigned at birth;<\/p>\n

\u2022 \u201cGender identity,\u201d one\u2019s self-conception as to being male or female as distinguished from actual biological sex or sex assigned at birth; and<\/p>\n

\u2022 \u201cGender expression,\u201d the manner in which a person represents or expresses gender to others, including behavior, clothing and hairstyles.<\/p>\n

Transgender students are protected under Title IX, the Civil Rights Act and Department of Education guidelines issued in 2014, Greenberg said. He also said that the First Amendment protects students\u2019 rights to free speech and freedom of expression, including the expression of gender identity.<\/p>\n

He made frequent reference to the recent Grimm case in Virginia, and the Arcadia case in Maine. In addition, he said, he received a letter dated May 13 from the U.S. Department of Education (DOE) and Justice Department (DOJ).<\/p>\n

Considerations moving forward should include the following, according to Greenberg: Privacy; official student records; use of pronouns such as \u201chim\u201d or \u201cher;\u201d restroom use; other gender-segregated facilities and activities; dress codes; and harassment. Greenberg said the board should look for more than a \u201ccasual\u201d declaration of gender identity, and approach each child on a case-by-case basis.<\/p>\n

Greenberg said, \u201cThe school must not treat a transgender student any differently than it treats others of the same gender identity.\u201d<\/p>\n

This, he said, calls for a \u201csafe and non-discriminatory environment.\u201d<\/p>\n

Greenberg interprets this as transgender students being able to use the restrooms and other facilities with which they identify, and to go on overnight trips consistent with their gender identity.<\/p>\n

Greenberg also noted that according to FERPA, the Family Educational Right to Privacy Act, the child\u2019s sex at birth and birth name must be kept confidential, except when there is \u201ca legitimate educational interest.\u201d He compared this to a nurse and doctor talking about a patient in a crowded elevator. \u201cThat is a violation of the law,\u201d he said, adding that the confidentiality applies to all students and not just transgender.<\/p>\n

And Greenberg reminded the board and audience that these rights are already spelled out under Federal law. \u201cA state can exceed the Federal law,\u201d he said. \u201cIt cannot go lower.\u201d<\/p>\n

State law also provides for these children\u2019s rights in RSA 186:11, where school boards are charged with \u201cno unlawful discrimination in public schools on the basis of sex, race, creed, color, marital status, national origins or economic status.\u201d<\/p>\n

Dealing with\u00a0misconceptions<\/p>\n

Greenberg broke from his speech to deal with one misconception: that students who identify with a different gender are a threat to other students. The issue was brought out in the recent Candia School Board deliberations on that school\u2019s transgender policies, and Greenberg said his research shows that it isn\u2019t true.<\/p>\n

In his research, he said, he learned that transgender students are more likely to be harassed and bullied. \u201cThere is no evidence,\u201d he said, \u201cthat transgender students are predators.\u201d<\/p>\n

Students in this subgroup have a high rate of suicide, Greenberg added.<\/p>\n

He quoted a MediaWatch survey of 17 school districts, where not one transgender student was found to be a predator.<\/p>\n

But some parents in the public forum said they weren\u2019t worried about the students so much as predatory adults who would take advantage of the situation.<\/p>\n

Parent Alicia Veda observed that she didn\u2019t think transgender students caused rapes. \u201cBut some people may take advantage of the loopholes and gain access to the locker room or bathroom,\u201d she said.<\/p>\n

Greg DePasse, father of two girls and one boy, disagreed. With the safeguards built into Greenberg\u2019s draft policy, including that a child must identify with the other sex more than casually, \u201cthis does not allow a boy to pretend to be a girl and sneak into the locker room.\u201d<\/p>\n

Greenberg pointed out, \u201cThere\u2019s nothing now that prohibits a person from dressing like a woman, going in the girls\u2019 bathroom and being a predator.\u201d<\/p>\n

Support<\/p>\n

DePasse said he supported the creation of a policy. \u201cI think you are being proactive,\u201d he said.<\/p>\n

Resident Holly Mackey said, \u201cWho are we to judge?\u201d<\/p>\n

Kristen Rolfe, a parent and teacher, said dealing with the issue is not an option. \u201cIt\u2019s mandated in Federal law,\u201d she said, adding, \u201cAlso, I personally feel it\u2019s the right thing to do.<\/p>\n

\u201cMy concern,\u201d she said, \u201cis that people are fear-mongering. They are making a huge issue of this. It\u2019s the fear of the unknown.\u201d<\/p>\n

Objections<\/p>\n

Resident Laura El-Azem asked whether the letter from the DOE and DOJ was a mandate or a recommendation. Greenberg said the document gave guidance from Title IX and the Civil Rights Act. But, he added, \u201cThe letter is in support of the Grimm decision.\u201d If a complaint is brought against the district, it will be addressed in light of this, Greenberg said.<\/p>\n

El-Azem noted that opinion in the community is divided. \u201cDon\u2019t make a social statement with this,\u201d she said. \u201cYou speak for our entire community.\u201d<\/p>\n

El-Azem asked the board to continue providing single-person restrooms, to protect the modesty of all students.<\/p>\n

In the matter of using the pronoun the student requests, El-Azem observed, \u201cYou are delving into a free speech area here. Some students are good-hearted. They are not being nasty on purpose.\u201d<\/p>\n

Londonderry Republican State Rep. Dr. David Lundgren took the microphone to say, \u201cThis is not a law. It\u2019s a mandate from the President, who threatens to take money away from the school districts.\u201d<\/p>\n

He urged Greenberg to \u201ctake a stance as you did with the lunch program.\u201d<\/p>\n

Lundgren said he had two daughters. He asked Greenberg, \u201cWould you be comfortable with your daughter changing and showering in the same locker room as a boy?\u201d<\/p>\n

\u201cIf that student consistently identified as a transgender girl, yes, I would,\u201d Greenberg responded.<\/p>\n

\u201cThis is a small minority,\u201d Lundgren said. \u201cWhere are the rights of the majority?\u201d<\/p>\n

Republican State Rep. Al Baldasaro weighed in, saying a \u201cbathroom bill\u201d came before the Legislature in 1999. \u201cWe had testimony from many people,\u201d he said. \u201cThe bill passed the House by one vote, but the Senate killed it. There were too many \u2018what ifs.’\u201d<\/p>\n

Baldasaro said the policy study is putting an unneeded light on the subject. \u201cWhat you have works,\u201d he said. \u201cIf it\u2019s not broken, why fix it?\u201d<\/p>\n

Denise Piro has a 15-year-old daughter and said she was \u201cdeeply opposed\u201d to the policy. \u201cGirls in middle and high school are already uncomfortable about changing in the locker room,\u201d she said. \u201cI\u2019m not against transgender people. But we are born a man or a woman.\u201d<\/p>\n

The Federal government has overreached, Piro said, adding, \u201cWe shouldn\u2019t start this with children. Start with adults, they can handle it.\u201d<\/p>\n

The money piece<\/p>\n

One of the ideas floated was to make sure every locker room has private changing areas and every school has private bathrooms. Greenberg gave a snapshot of the current situation.<\/p>\n

High school girls have individual shower stalls with curtains, while boys have a \u201cgang shower.\u201d Each gender has a few \u201calternate dressing areas\u201d children can use for a variety of reasons. He said he has done an inventory of all the schools and suggested temporary \u201cmodesty areas\u201d until the policy is firmed up.<\/p>\n

Board member Jenn Ganem said, \u201cSo anyone uncomfortable with a transgender student can use a stall.\u201d<\/p>\n

That is correct, Greenberg said, adding that the locker rooms aren\u2019t an issue for elementary school because students do not change clothes for gym.<\/p>\n

There is no money in the current budget, Greenberg added.<\/p>\n

There\u2019s also the specter of having Federal funds pulled if the district does not comply, and El-Azem asked Greenberg how much money the Feds contribute to Londonderry School Administrative Unit (SAU) 12. Between Special Education and Title I, it\u2019s about $2.5 million or 3 percent, Greenberg said.<\/p>\n

El-Azem said, \u201cI support any policies that break us free from government control. This is a Federal overreach, the usual carrot-and-stick Federal nonsense.\u201d<\/p>\n

Board member Steve Young agreed. \u201cIt\u2019s another unfunded Federal mandate,\u201d he said.<\/p>\n

And Baldasaro said, \u201cI think you should tell the government to pound sand.\u201d<\/p>\n

It\u2019s not all that hard to convert a bathroom, Kristen Rolfe said. She was a student at a former all-boys school, and the administration simply put Hefty bags over the urinals. \u201cI would even be willing to donate the bags,\u201d she said.<\/p>\n

\u201cWe are here for<\/p>\n

all students\u201d<\/p>\n

Board members reassured residents that they will not rush into this issue. Board member Dan Lekas said, \u201cRegardless of my personal feelings, a lot of this is Federal or state mandated. I don\u2019t know what we can do about it. If we\u2019re unhappy, we should address it on the Federal or state level.\u201d<\/p>\n

Lekas added, \u201cI am uncomfortable making a vote now without being better educated.\u201d<\/p>\n

Board member Leitha Reilly agreed. \u201cWe already have policies in place to prevent discrimination,\u201d she said. \u201cNow it\u2019s more procedural and operational.\u201d<\/p>\n

Council Chair John Farrell, who is liaison to the School Board, urged caution. \u201cBe thoughtful, kind, take your time,\u201d he said.<\/p>\n

And Hendricks asked parents to contact her or board members with questions. \u201cI can assure you,\u201d she said, \u201cthat your board will craft guidelines that will protect all the children in the district.\u201d<\/p><\/div>\n

<\/div>\n
Video from the May 17th Meetinghttps:\/\/www.youtube.com\/watch?v=vDjZq2cFWjc&feature=youtu.be&t=25m08s<\/a><\/p>\n<\/div>\n
<\/div>\n","protected":false},"excerpt":{"rendered":"

From the Londonderry Times: School Board Looks at Federal Law, Transgender Rights May 31, 2016 by Kathleen D Bailey Londonderry School District Superintendent Nathan Greenberg confirmed that transgender students cannot be excluded from going on overnight trips and sleeping in a room with children of the gender with which they…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"give_campaign_id":0,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"From the Londonderry Times: School Board Looks at Federal Law, Transgender Rights","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[1],"tags":[],"class_list":["post-785","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/townunderground.com\/index.php?rest_route=\/wp\/v2\/posts\/785","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/townunderground.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/townunderground.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/townunderground.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/townunderground.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=785"}],"version-history":[{"count":0,"href":"https:\/\/townunderground.com\/index.php?rest_route=\/wp\/v2\/posts\/785\/revisions"}],"wp:attachment":[{"href":"https:\/\/townunderground.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=785"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/townunderground.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=785"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/townunderground.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=785"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}