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    Sunday, May 05, 2024

    Malloy reaffirms protections for transgender students

    As the Trump administration withdrew federal guidelines that directed school districts to allow transgender students to access the bathroom consistent with their expressed gender identity, Connecticut moved to reaffirm its anti-discrimination laws for transgender students and develop specific guidance for school districts.

    Gov. Dannel P. Malloy signed an executive order Thursday clarifying "that bathrooms and locker rooms in public schools and institutions of higher education are places of public accommodation under existing state anti-discrimination laws." The state's anti-discrimination laws have included gender identity and expression since 2011.

    "Discrimination, harassment, and bullying have no place in our classrooms or at our schools," Malloy said in a written statement. "Despite the actions taken by the federal government [Wednesday], the state of Connecticut remains committed to ensuring that every student has access to a high-quality education in a safe, supportive and welcoming school environment.”

    The U.S. Department of Justice and U.S. Department of Education announced Wednesday that they were withdrawing the Obama administration's federal guidelines and pushing the issue to the states and local school districts.

    "This is an issue best solved at the state and local level. Schools, communities, and families can find — and in many cases have found — solutions that protect all students," U.S. Secretary of Education Betsy DeVos said in a written statement. "I have dedicated my career to advocating for and fighting on behalf of students, and as secretary of education, I consider protecting all students, including LGBTQ students, not only a key priority for the department, but for every school in America."

    She said the new federal action would lead to "no immediate impact to students," since a federal court had issued a nationwide injunction in August. She also said in the statement that the department's Office for Civil Rights "remains committed to investigating all claims of discrimination, bullying and harassment against those who are most vulnerable in our schools."

    In Connecticut, local school officials and experts anticipated little to no change stemming from the federal order, even before Malloy's signing of the executive order, since Connecticut already had developed its own laws years before the initial federal guidelines were issued.

    "For states such as Connecticut that have enacted non-discrimination laws protecting transgender students, the withdrawal of the federal guidance will have minimal impact on schools' legal obligations," Shipman & Goodwin attorneys Anne H. Littlefield and Gwen J. Zittoun wrote in a blog post on the firm's School Law Minisite.

    The Associated Press reported that 15 states "have explicit protections for transgender students in their state laws."

    Malloy is directing the state Department of Education to develop specific guidelines for school systems "on policies that allow students access to school facilities in a manner consistent with a student's gender identity or expression."

    Connecticut Commissioner of Education Dianna R. Wentzell and Malloy sent a letter to school superintendents on Thursday that the state Department of Education "has advised, and will continue to advise, school districts to ensure equal access to school facilities — such as bathrooms and locker rooms — for transgender students and has been clear that this means honoring a transgender student's choice of facility." More formal guidance on Title IX and state law is expected soon.

    The Connecticut Association of Boards of Education already had developed recommended policies for school districts based on the 2011 law. The recommended policies say students should "have access to the restroom that corresponds to their gender identity consistently asserted at school." Students wanting more privacy should be provided access to a single-stall bathroom, but they should not "be required to use such a restroom because they are transgender or gender non-conforming."

    An increasing number of schools in the region, including East Lyme High School, Norwich Free Academy and Lyme-Old Lyme Schools, provide students access to gender-neutral bathrooms.

    Waterford Superintendent Thomas W. Giard III said his school district's policies comply with the revised 2011 law that recognizes gender identity or expression as protected from discrimination.

    "All of our policies are aligned with that update," he said in a phone interview.

    The school district does not currently have designated gender-neutral bathrooms, but if a student requested one, school officials would accommodate that request, he said.

    East Lyme Superintendent of Schools Jeffrey Newton said the school district's anti-discrimination policy includes protections for transgender students, and the district also provides a single-stall, gender-neutral bathroom at the high school. In addition, the nurse's office can be used at any point, if students feel uncomfortable.

    Lyme-Old Lyme Superintendent of Schools Ian Neviaser said the school district already follows the state's 2011 law.

    "We work with all students and their families to ensure they have a safe and nurturing environment free of discrimination and harassment," Neviaser said by email. "As such, we make sure students have access to facilities in accordance with state regulations and Board of Education policies."

    k.drelich@theday.com

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