Officials say current policy does not comply with federal standards; could be rescinded or amended
By BOB MARTIN
Eagle Times Staff
CLAREMONT, N.H. — The Claremont School Board is meeting on Wednesday and will be discussing the future of a policy that protects transgender and non-conforming students, with School Board Chair Heather Whitney saying that in its current form there could be a potential to lose federal funding.
On the March 19 school board agenda, under Discussion and Action Items in the Policy Sub-Committee section, it says “JBAB – Transgender and Gender Nonconforming Students (removal).” This caught the attention of many in the community, with some taking to social media and also contacting board members about their agenda item and what this could mean.
“My understanding, from the information shared by Policy Committee members and the administrative team is, some language in the current policy is not in compliance with federal law and non-compliance puts the district at risk of losing federal funding including Title 1 and Free and Reduced Lunch,” Whitney wrote in an email. “The policy can be rescinded, amended and approved, amended and sent back to the Policy Committee for review, or a motion to ‘lay on the table’ can be made.”
The three-page policy, which was signed into effect on Sept. 21, 2016, requires that all programs, activities, and employment practices be free from discrimination based on sex, sexual orientation or gender identity.
“This policy is designed in keeping with these mandates to create a safe learning environment for all students, and to ensure that every student has equal access to all school programs and activities,” the policy states. “This policy sets out guidelines for schools and District staff to address the needs of transgender and gender nonconforming students, and clarifies how state law should be implemented in situations where questions may arise about how to protect the legal rights or safety of such students.”
The policy states that it does not anticipate every situation that may occur, but it will instead be assessed on a “case-by-case basis.” It adds that the goal is to “ensure the safety, comfort, and healthy development of the transgender or gender nonconforming student while maximizing the student’s social integration and minimizing stigmatization of the student.”
There are three main parts of the current policy: the purpose as stated above, definitions meant to assist in understanding the policy and legal obligations of the district staff, and guidance of how the district proceeds.
The current policy states that the board recognizes a student’s right to keep private their transgender or nonconforming presentation, and that information about their transgender status, legal name or gender assigned at birth is also confidential. It adds that personnel shouldn’t disclose information revealing this status, and that transgender and gender nonconforming students have the right to discuss openly and when, as well as with whom.
It also touches on the official records, saying that the district is required to maintain a mandatory permanent record that includes the student’s legal name and gender. However, the district is not required to use the name and gender on other school documents, and the district will change a record to reflect a change in name or legal gender.
The policy also states that students have the right to be addressed by a name and pronoun that corresponds to their identity, and a court order is not required.
There is a section about gender-segregated activities, and it states that “schools should reduce or eliminate the practice of segregating students by gender. In situations where students are segregated by gender, such as for health education classes, students should be included in the group that corresponds to their gender identity.”
In the contentious area of bathroom accessibility, the current policy states that students shall have access to the bathroom that corresponds to their gender identity “consistently asserted at school.”
The use of locker rooms by transgender students “shall be assessed on a case-by-case basis” but in most cases it states that they should have access to a locker room corresponding with their gender identity consistently asserted at school. It also says that anyone who desires increased privacy, a separate changing area or other aspects should be provided with an alternative, and transgender students will never be forced to use a locker room conflicting with identity.
In physical education, intramural sports, and interscholastic competitive sports, transgender and gender nonconforming students are allowed to participate in a manner consistent with their gender identity.
The policy also discusses dress codes, saying that transgender and gender nonconforming students have the tight to dress according to their gender identity or “gender expression.” It states that schools may not adopt dress codes that restrict their clothing or appearance based on gender.
The final part pertains to discrimination and harassment, with the policy saying it is the district’s responsibility to ensure that transgender and gender nonconforming students have a safe environment. It adds that complains are to be handled just like other discrimination and harassment complaints.
“This includes ensuring that any incident of discrimination, harassment, or violence is given immediate attention, including investigating the incident, taking appropriate corrective action, and providing students and staff with appropriate resources,” the policy states.
Last month President Donald Trump signed an executive order than banned transgender girls to participate in female sports, in what is called “No Men in Women’s Sports Executive Order.” Since he was elected, he has signed multiple executive orders pertaining to transgender people.
School Board member Arlene Hawkins spoke with The Eagle Times, admitting that this is clearly a highly controversial topic in the current political climate. She said, “it’s a heartbreaking issue either way, and when you care about kids, all kids, it is just really hard.”
“It is something the board needs to address and needs more conversation,” Hawkins said, adding that Wednesday will be a chance to talk about the direction to go. “This board has always been trying to be very thoughtful and keep families and kids in our view finder as our first priority.”
Chair Whitney echoed Hawkins saying, “I am confident the board and administrative team will address this issue responsibly with the well-being of all students central to any decision made.”
