Frequently Asked Questions
Troy City Schools published this “Frequently Asked Questions About Transgender Students” after a recent controversy involving restrooms and a transgender student.
Who is a transgender student?
A “transgender student” is a student who consistently and uniformly asserts a gender identity different
from the student’s sex assigned at birth, or for which there is documented legal or medical evidence that
the gender identity is sincerely held as part of the student’s core identity.
How does the District decide whether to make accommodations for transgender students?
When the parent of a transgender student, or a transgender student, requests accommodations, the
building administrator will meet with the parent, student, and any other individuals with relevant
information. The team will discuss the requested accommodations; the consistency and uniformity of
the asserted gender identity; the legal or medical evidence that the gender identity is sincerely held as a
part of the student’s core identity; and any supports needed to ensure equal access to and equal
opportunity to participate in the District’s education programs.
Accommodations are granted on a case by case basis, after considering the circumstances. When
determining whether to permit an accommodation, the administration will consider the following:
• evidence regarding whether the gender identity is consistently and uniformly held;
• legal or medical evidence that the gender identity is sincerely held as a part of the student’s core
identity;
• ensuring the student has equal access to, and an equal opportunity to participate in, the District’s
education programs;
• student safety and comfort; and
• protecting student privacy and minimizing stigmatization of the student.
Why does the District permit these accommodations?
First and foremost, the District wishes to respect the privacy and dignity of each student. The Troy City
School District Board of Education has a policy prohibiting discrimination on the basis of sex. The U.S.
Department of Justice and the U.S. Department of Education have both opined that discrimination on the
basis of gender identity is unlawful discrimination under Title IX of the Education Amendments of 1972
(“Title IX”), a federal civil rights law that prohibits discrimination on the basis of sex in federally
funded education programs and activities. Although this matter has not been addressed by the courts of
Ohio, it is clear that the U.S. Department of Education’s Office for Civil Rights will be enforcing Title
IX where transgender students have been the target of discrimination.
What are the rules with regard to restroom use?
The District respects the privacy and dignity of each and every student. The District allows a
transgender student access to the facilities that he or she prefers, whether that is access to the sexsegregated
facilities with which the student identifies or providing more private alternatives (i.e., access
to staff/unisex bathrooms) if the transgender student is uncomfortable using either sex-segregated
bathroom. The District’s primary aim is protecting the safety and privacy of all students, and considers
each request for an accommodation on an individualized basis. Any student who has a need or desire
for increased privacy, regardless of the underlying reason, may request access to a private restroom.
Does this mean that a student can decide one day to use the female restroom and the next to use
the male restroom?
No. As explained above, requests for accommodations are granted after considering the specific
circumstances. Restroom accommodations will only be made for a transgendered student who
consistently and uniformly asserts a gender identity different from the student’s sex assigned at birth, or
for which there is documented legal or medical evidence that the gender identity is sincerely held as part
of the student’s core identity.
How can I be sure of my child’s safety and privacy in the restroom?
District staff members supervise students, including during restroom breaks. Any student who has a
need or desire for increased privacy, regardless of the underlying reason, may request access to a private
restroom. The District is exploring the installation of floor to ceiling stall partitions in some restrooms
in the junior high school.
I've heard that the courts have already ruled on this issue and found against transgender students. Is that true?
No court with jurisdiction over Ohio has yet ruled on the issue of transgender students’ use of restrooms.
While not binding in Ohio, the issue has been litigated in various courts and before various regulatory
agencies in recent years, with differing results. The Maine Supreme Court held in favor of a transgender
student who wanted to use the female restroom, finding that the school district had discriminated against
the student on the basis of gender identity when it required the student to use a gender neutral restroom.
The Colorado Department of Regulatory Agencies, Division of Civil Rights found probable cause that a
Colorado school district discriminated against a 6 year old transgender female student when it prohibited
her from using the female restroom. In Pennsylvania, a federal district court ruled against a transgender
male student who sued after being denied use of sex-segregated restrooms and locker rooms designated
for men on a university campus. That case is currently under appeal. In Virginia, a federal district court
denied the issuance of a preliminary injunction for a transgender student who challenged his school
district’s policy requiring him to use a separate restroom. It is reported that this case is also being
appealed.
If there are no court decisions in Ohio, why does the District permit these accommodations?
The U.S. Department of Education, Office for Civil Rights (“OCR”) and the United States Department
of Justice (“DOJ”) have stated that under Title IX, transgender students should be treated consistent with
their gender identity for restroom access. Failure to follow these interpretations by OCR and DOJ risks
protracted litigation and potential loss of Troy’s federal funding. OCR is a federal agency that enforces
several federal civil rights laws that prohibit discrimination in programs or activities that receive federal
financial assistance from the Department of Education, including Title IX of the Education Amendments
of 1972, which prohibits discrimination on the basis of sex. OCR investigates complaints of
discrimination and issues findings. OCR has the authority to suspend, terminate or refuse to grant a
public school district’s federal funding if the school district fails to comply with OCR’s interpretation of
discrimination laws. OCR can also refer a matter to the DOJ for an enforcement action.
What action is the Board taking on this issue?
Consistent with the law, the Troy City School District Board of Education has a policy prohibiting
discrimination on the basis of sex. The administration is responsible for implementing Board policy
consistent with law. That is what the administration is doing with respect to transgender students.
What about locker rooms?
Given the students’ state of undress in locker rooms, private changing/restroom stalls will be provided to
a transgender student to allow for privacy.
How does the dress code apply to transgender students?
A transgender student is permitted to wear clothing if students of their identified gender are also
permitted to wear the same type of clothing.
How can students safely express their views?
The District recognizes the First Amendment rights of students and community members to express their
opinions and beliefs. However, while at school, students’ expression cannot cause a disruption to the
educational process or attempt to disrupt the educational process. The classrooms at Troy City Schools
are places for learning, and the District’s focus will be on educating all of its students. The District
hopes that the discourse will remain civil; however, the District prohibits bullying, harassment,
intimidation and discrimination of students. Guidance counselors are available to all students for further
discussion or for help reporting bullying, harassment, intimidation or discrimination.
Can transgender students participate in extra-curricular activities and athletics?
Yes. With regard to athletics, in November 2014, the Ohio High School Athletic Association
(“OHSAA”) adopted the following policy regarding transgender participation:
• A transgender female (or male-to-female (MTF) transgender student athlete) who is taking
medically prescribed hormone treatment related to gender transition may participate on a boy’s
team at any time. However, before a transgender female can compete in a girl’s sport or on a
girl’s team, the transgender female must either (1) have completed a minimum of one year of
hormone treatment related to gender transition or (2) demonstrate to the Commissioner’s Office
by way of sound medical evidence that the transgender female student athlete does not possess
physical (bone structure, muscle mass, testosterone, hormonal, etc.) or physiological advantages
over genetic females of the same age group.
• A transgender male (or female-to-male (FTM) transgender student athlete) who has not yet
begun medically prescribed testosterone treatment for purposes of gender transition may
compete on a boy’s team. If, however, the transgender male student athlete is taking medically
prescribed testosterone treatment, medical evidence must be submitted to the Commissioner’s
Office that certifies that (1) the muscle mass developed as a result of this testosterone treatment
does not exceed the muscle mass that is typical of an adolescent genetic boy; (2) that the student
has not started any hormone treatment (or that the testosterone treatment does not cause hormone
levels to exceed normal levels); and (3) the student’s hormone levels are monitored by a licensed
physician every three to six months.
The full policy is available at: http://www.ohsaa.org/eligibility/TransgenderPolicy.pdf
Who are the transgender students at Troy City Schools?
Each student’s privacy rights under the Family Educational Rights and Privacy
Act (“FERPA”) and R.C. 3319.321 must be respected. Teachers and other school officials cannot reveal
information about a student’s transgender status unless the student’s parents (or the student if over 18)
consent to such a disclosure.
Troy City Schools officials have released new details of a district transgender policy in a question-and-answer format.
The information followed the Aug. 28 notice to parents saying a transgender student would be allowed to use the school restroom facilities matching the student’s gender identity and that each school had a restroom available for any students or visitors who do not want to use the shared restrooms.
The more detailed policy discusses locker rooms and the procedures to be used in determining whether to make accommodations for transgender students. It was first made available to those attending an information session on the transgender community Thursday at Troy High School.
Lee Ann Conard, a doctor and director of Cincinnati Children’s Hospital’s Transgender Clinic, returned to her alma mater Troy High School to present the information and answer questions.
“We are all here because we care about the health and safety of our children,” Conard told more than 50 people at the high school auditorium.
Superintendent Eric Herman said Conard offered to share information after his notification to parents of the restrooms policy. Herman’s notification came after a student who had attended the district as a female in the past approached the junior high principal before school started in August, said they identify with the male gender and asking to use that gender’s restrooms.
The same policy won’t be in effect with school locker rooms, according to a four-page Frequently Asked Questions About Transgender Students and district policy.
“Given students’ state of undress in locker rooms, private changing/restroom stalls will be provided to a transgender student to allow for privacy,” the policy said.
That policy also outlines the procedures to be used in determining on a case-by-case basis whether to make accommodations for transgender students.
Eric McCann of Troy said he attended the Thursday meeting because he has policy questions.
“How do we protect all of our kids in the restroom?” McCann said. “We don’t care, gay, lesbian, transgender, bisexual. It just needs to be protected.”
McCann said he was somewhat surprised that more people did not attend the presentation. He plans to attend the board of education’s first meeting since the controversy arose Monday at 5:30 p.m. also at the auditorium.
Among those attending Thursday were all five Troy board of education members, Herman and some building principals.
During her presentation, Conard explained that she works with children ages 5 through 24 and has worked the past decade with transgender patients.
Asked about the “best practice” for restroom use, Conard said, “The best practice is for people to be allowed to use the restroom they identify with, feel comfortable using.”
Based on review of medical evidence, being transgender isn’t a choice, Conard said. Among factors considered are genetics and biological make up with brain differences seen in transgender people, she said. There is no evidence that one’s environment contributes with factors such as parenting style, abuse or life events, she said.
More attention has been drawn to transgender issues in southwest Ohio since the December suicide of a transgender teen who was killed by a semi, Conard said. Before that death, 90 patients were working with the clinic; now it is 300, she said.
Doug Trostle, board of education president, said the board is looking at privacy and safety.
“I never understood how this was putting any safety at risk. We feel we have adequate privacy but we will continue to look at all of our facilities and update them as we see appropriate,” Trostle said after the meeting.
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