Issues regarding transgender students and employees have been at the forefront of political, legal and social discussion in recent months.  As independent schools consider their role in promoting the health and safety of students, protecting individual rights and privacy, and preventing avoidable discrimination claims, thoughtful consideration should be given to practices and procedures relative to both transgender employees and students. Though Connecticut’s law protecting gender identity and expression expressly applies to employees and public school students, non-public schools do not explicitly come within the proscriptive circumference of applicable state law concerning transgender rights when it comes to students.  Nonetheless, schools are well advised to anticipate how these issues will affect current practices and ensure that such practices square with state law and guidance and, if applicable, your school’s existing mission and policies concerning inclusion, diversity, respect, and non-discrimination.

Impact of Title IX

Much of the public discussion regarding transgender rights was generated in response to guidance issued by the Departments of Education and Justice in May of 2016 confirming their position that Title IX, the federal law prohibiting discrimination on the basis of sex, includes protection for transgender students.  In February of 2017, however, the U.S. Department of Education’s directives concerning the rights of transgender students under Title IX changed course when the current administration rescinded the 2016 guidance, muddying the collective understanding of how federal agencies interpret the scope of Title IX.  For independent schools, it is important to understand that the requirements of Title IX apply only to educational institutions that are considered “recipients” of federal funds.  Thus, regardless of the current national landscape under federal law, independent schools must continue to bear in mind obligations pursuant to applicable state law relative to gender identity and transgender rights.

Connecticut

Since 2011, “gender identity or expression” has been recognized as a protected category under Connecticut’s non-discrimination laws.  In light of the federal withdrawal of guidance protecting transgender students in public schools under Title IX, in February 2017, Governor Dannel P. Malloy announced by executive order that the State of Connecticut will continue to assure that the rights of transgender students in public schools remain protected under state law.  Although the guidance itself was addressed to Superintendents of public schools within the state, its implications transcend the bounds of public school districts by underscoring the importance of referring to thoughtfully crafted educational institution standards and best practices in furtherance of the protection of transgender student rights.

Although independent schools are not directly subject to the law protecting transgender students in public schools, student safety, non-discrimination and harassment policies, and general campus climate should be revisited to ensure that policies and procedures are adequate.  Independent schools in Connecticut may refer to the Connecticut Safe School Coalition’s guidance concerning gender identity and expression non-discrimination in public schools in revisiting their own policies and procedures.
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