FEDERAL LAW
Family Educational Rights and Privacy Act of 1974 (FERPA):
FERPA protects the privacy of student educational records and prohibits the improper disclosure of personally identifiable information from students’ records. FERPA allows parents of students under 18 years of age to
obtain their child’s educational records and seek to have the records amended. Former or current students have the right to seek to amend their records if the information in present records is “inaccurate, misleading, or in violation of the student’s rights of privacy” (34 C.F.R. § 99.7(a)(2(ii)).
Guidance for Schools, Students, and Families: Educational Records
Students have the right to change their name and/or gender marker on their educational records under this federal law. If under the age of 18, students need the permission of one parent or legal guardian. For more information, please see the NJSD-Based Name Change section.
Confidentiality
The district shall ensure that all personally identifiable and medical information relating to transgender, nonbinary, and gender-expansive students shall be kept confidential in accordance with applicable state, local, and federal privacy laws. School staff shall not disclose any information that may reveal a student’s gender identity to others, including parents or guardians, and other school staff unless legally required to do so or unless the student has authorized such disclosure. Transgender, non-binary, and gender-expansive students have the right to discuss and express their gender
identity and expression openly and to decide when, with whom, and how much to share private information. If a student chooses to use a different name, to transition at school, or to disclose their gender identity to staff or other students, this does not authorize school staff to disclose a student’s personally identifiable or medical information.
Title IX, Education Amendments of 1972:
Title IX ensures that no person is discriminated against because of their gender in any academic program including, but not limited to, admissions, financial aid, academic advising, housing, athletics, recreational services, health services, counseling and psychological services, classroom assignment, grading, and discipline. Although Title IX does not expressly address gender identity or expression, this law has been used
in the protection of students who are transgender and gender-expansive against discrimination because
discrimination based on gender identity qualifies as sex discrimination.
STATE LAWS
State of Wisconsin
Wisconsin Statute 118.13:
This state statute prohibits discrimination against students. It states that no one “may be denied admission to any public school or be denied participation in, be denied the benefits of or be discriminated against in any curricular, extracurricular, pupil services, recreational or other program or activity because of the person’s sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or
physical, mental, emotional, or learning disability.”
Wisconsin Statute 118.46:
This state statute explains Wisconsin school districts must have student anti-bullying policies and what must
be included in such policies.
Wisconsin Administrative Code Chapter 9:
This administrative code establishes procedures for enforcing Wisconsin Statute 118.13. It also indicates when
the Wisconsin Department of Public Instruction may review discrimination complaints.
Neenah Joint School District
2260.03 - NONDISCRIMINATION GUIDELINES RELATED TO TRANSGENDER AND GENDER-NONCONFORMING
STUDENTS
The Board is committed to maintaining an educational environment that supports the inclusion, safety, and privacy of all
students, including those students having a gender identity and/or gender expression that differs from societal expectations based on their gender assigned at birth. As an extension of Policy 2260 – Nondiscrimination and Access to Equal Educational
Opportunity, this policy provides guidelines related to transgender and gender-nonconforming students in our District.
Definitions
The following definitions are for descriptive purposes only and are not intended to label students. Rather, the definitions assist in understanding this policy and provide guidance for complying with this policy, other District policies, and legal requirements.
Note that there are a number of ways in which students may describe themselves, and the list below is not exhaustive.
"Gender expression" (or “gender presentation”) refers to the manner in which a student represents or expresses their gender.
This includes, but is not necessarily limited to, external appearance, characteristics, or behaviors.
"Gender identity" is the deeply held and sincere sense or psychological knowledge of one’s own gender. A student may have a gender identity different from their gender assigned at birth.
“Gender nonconforming” (or “gender-expansive”) is an umbrella term that describes people whose gender identity and/or gender expression differs from stereotypical or prevailing social expectations, such as “feminine” boys, “masculine” girls, or those who are perceived as androgynous. A related umbrella term is “non-binary,” which describes people whose gender identities do not align with male/boy/man or female/girl/woman.
“Transgender” describes having a gender identity and/or gender expression that differs from societal expectations based on gender assigned at birth.
Confidentiality
A student’s transgender or gender-nonconforming status, legal name, gender assigned at birth, and/or related medical information shall be kept confidential in compliance with applicable State and Federal laws and as described in Policy 8350 -
Confidentiality. District administration and staff shall not disclose any information that may reveal a student’s transgender or gender-nonconforming status to others unless legally required, or unless the student and/or their parent or legal guardian has authorized the disclosure.
Official Records
The District shall comply with all legal requirements in utilizing a student’s legal name and/or gender assigned at birth on official
District records or documents (see Policy 8330 - Student Records).
Names and Pronouns
School personnel will generally use a student’s legal name and pronouns corresponding to the student’s gender assigned at birth.
However, a student may request the use of their preferred name and gender pronouns consistent with their gender identity and/or gender expression be used to address the student at school and in connection with school-related activities. Upon being informed of the student’s request, school personnel shall ensure compliance with the student’s requested name and pronouns in
communication and unofficial documents.
Support Plan
Students and/or families who approach the District with concerns or requests for modifications regarding gender identity and/or gender expression will be invited to work with a designated staff person to develop an individualized support plan. A support plan is a guiding document designed to encourage a student in their education and can be revised as necessary based on the needs of
the student. The support plan will be maintained separate from a student's electronic or permanent record and will be stored and safeguarded in an appropriate manner by District staff. In addition to this plan, it is strongly encouraged that all students seek
guidance from a school counselor and/or outside agencies regarding their personal well-being.
Harassment and Bullying
Discrimination, bullying, and harassment on the basis of gender identity and/or gender expression are prohibited in the District.
Any form of harassment and bullying will be addressed pursuant to Policy 5517 - Student Anti-Harassment and Policy 5517.01 –
Anti-Bullying.
Locker Room and Restroom Use
Transgender students or gender-nonconforming students may have a plan for restroom and locker room use that will best meet the needs of the individual student. Modifications regarding locker room and restroom use will be determined on a student-by-
student basis by the student’s school counselor and the school principal, with approval by the District Administrator.
Students use locker rooms during their school day for physical education classes, sports, and other activities. Some transgender and gender nonconforming students may prefer a private space while others may wish to use the locker room consistent with
their gender identity and/or gender expression. Teachers, coaches, and advisors should consider how they can utilize privacy curtains, restrooms, and separate changing schedules to provide for privacy for all students.
Any student who has a need or desire for increased privacy, regardless of the underlying reason, may be provided (to the extent reasonably practical) with a reasonable alternative changing area (e.g. a restroom stall with a door, a curtain partitioned area, an office within the locker room, or a nearby alternate restroom) or provided with an alternative changing schedule. An alternative arrangement should be provided in a way that gives adequate consideration to relevant privacy concerns.
Participation in Gender-Based Activities
All students will be permitted to participate in physical education classes, intramural and club sports, and other gender-based District and non-district activities in a manner consistent with their gender identity and/or gender expression.
Participation in WIAA and Other Sporting Activities
Transgender students shall be permitted to participate in interscholastic athletics in a manner consistent with the requirements and policies of the Wisconsin Interscholastic Athletic Association (WIAA). WIAA guidelines will also apply to club sports or other
sporting activities in the District.
Access to Overnight Accommodations
All students are eligible to participate in overnight school activities and are permitted to utilize facilities and accommodations that correspond to their gender identity and/or gender expression. If any student desires increased privacy, school personnel must make every effort to provide them with reasonable access to alternative overnight accommodation. The decision to use a more private area within a facility is that of each individual student. A student will not be required to use alternative accommodation because of their transgender or gender-nonconforming status. Any modifications will be determined on a student-by-student basis by the student’s school counselor and the school principal, with approval by the District Administrator.
Dress Code
All District employees shall respect the gender identity and gender expression of all students and the right of a student to dress in accordance with the student’s gender identity and/or gender expression. Any applicable District student dress code shall be applied on a gender-neutral basis and will not be selectively or more strictly enforced against transgender or gender-nonconforming students.
Training and Education
The Board directs the District Administrator to provide ongoing, District-wide training and education for teachers, counselors, coaches, administrators, support staff, and students about gender identity and gender expression as they relate to diversity, inclusion, and acceptance.
Facilities Remodeling and Construction
In the process of remodeling any District facility and constructing any new facility, the District shall provide gender-neutral
changing areas, showers, and restrooms as appropriate to the facility.
WIAA
WIAA Transgender Policy
The Wisconsin Interscholastic Athletic Association (WIAA) has developed this policy to address the participation and eligibility of transgender athletes in WIAA sponsored athletics. The policy is derived in part from the already-existing policies of the Washington Interscholastic Athletic Association, Colorado High School Activities Association, and National Collegiate Athletic Association (NCAA). It seeks to balance the important goals of: 1) equity (since providing equal opportunities in all aspects of school programming is a core value in education), 2) physical safety (since biological males or androgen-supplemented biological females are typically stronger and faster than biological females) and 3) competitive equity (since the ideal of a “level playing field” is an inherent expectation at all levels of sport competition).