In Ohio, a barrage of policies proposed at the Statehouse and State Board of Education seem to reflect a mistrust of the current protocols and policies that already guide our teachers, schools, and districts. Many measures regarding the experiences of LGBTQ+ youth, and in particular transgender or gender diverse youths, are capable of impacting every student in a school—and therefore, every family in your community.
Because public schools are a longstanding institution deeply connected to the communities they serve, there are many layers of legal and operational guidance that impact how school districts, schools, and teachers go about their daily tasks. Some rights granted by federal law impact students and teachers, and other rights are a part of state law or guidance from the State Board of Education. Local school boards and school districts have another layer of responsibility to shape the operations of their schools and the activities of teachers.
For the students and teachers working together every day under all of these layers, the legislative and executive flurry of actions about education can feel far away. But the decisions made in the Statehouse and State Board of Education have a direct impact on the ability of teachers to provide confident, compassionate assistance to students. Worse, teachers may start to feel as though their professional expertise—and their profession as a whole—is under attack, and students of historically marginalized identities may feel that attack too.
Today, local schools and school districts work with their LGBTQ+ students and families according to guidelines that are already in operation. Within this system, students, teachers, and parents all have rights they can exercise.
Because public schools are a longstanding institution deeply connected to the communities they serve, there are many layers of legal and operational guidance that impact how school districts, schools, and teachers go about their daily tasks. Some rights granted by federal law impact students and teachers, and other rights are a part of state law or guidance from the State Board of Education. Local school boards and school districts have another layer of responsibility to shape the operations of their schools and the activities of teachers.
For the students and teachers working together every day under all of these layers, the legislative and executive flurry of actions about education can feel far away. But the decisions made in the Statehouse and State Board of Education have a direct impact on the ability of teachers to provide confident, compassionate assistance to students. Worse, teachers may start to feel as though their professional expertise—and their profession as a whole—is under attack, and students of historically marginalized identities may feel that attack too.
Today, local schools and school districts work with their LGBTQ+ students and families according to guidelines that are already in operation. Within this system, students, teachers, and parents all have rights they can exercise.
What happens when a student asks an educator to use a different name or pronoun?
- The teacher talks with the student to understand the decision, and to encourage the student to connect with their parents or family members
- If the student has provided permission to share that knowledge, the teacher will bring this to the attention of school leadership
- School leadership may choose to bring in a counselor to work with the student, facilitate conversations with educators or the school, and facilitate conversations with parents or family members, as appropriate for that individual student
- The student shares their preferred name or pronouns, and shares how safe they feel using the bathroom facilities in accordance with their gender (the school may allow the student to use a staff bathroom or alternative facility)
- Pronouns and names may be documented by the teacher for substitute teachers or inclusion in lesson plans or other parts of the student’s experience (like a roll call sheet or a grade report)
- This information may also be included in that student’s school record (similarly to recording other health information, like an allergy)
- There is no immediate reaction to connect that student to counseling, healthcare, or other resources. The immediate reaction is limited to cultivating a positive environment for that student in the classroom and in the school
How does an educator know what to do in these situations?
In some situations, state or federal law dictates the choices that educators can make. For instance, regardless of what a student expresses to an educator, no one under the age of 18 in the state of Ohio can access gender affirming medical intervention without the explicit permission of a parent.
Other direction comes from the local control of school districts or individual school leadership. Among other policies, individual school districts set standards for how students may change their name or gender on record with the school, and the Ohio Department of Education has its own process for this as well. Many school districts require parental permission to update official school records. Some school districts require families to specify the student’s name upon enrollment.
School counselors in Ohio are bound by the same code of ethics, obligations for privacy and confidentiality, and obligations for family notification or outreach in interactions with LGBTQ+-identifying students as any other student. School counselors specifically encourage parental involvement, and work with students to understand the best way to navigate those conversations.
Other direction comes from the local control of school districts or individual school leadership. Among other policies, individual school districts set standards for how students may change their name or gender on record with the school, and the Ohio Department of Education has its own process for this as well. Many school districts require parental permission to update official school records. Some school districts require families to specify the student’s name upon enrollment.
School counselors in Ohio are bound by the same code of ethics, obligations for privacy and confidentiality, and obligations for family notification or outreach in interactions with LGBTQ+-identifying students as any other student. School counselors specifically encourage parental involvement, and work with students to understand the best way to navigate those conversations.
Professional guidelines that educators in our schools follow include: |
American School Counselor Association (ASCA)
National Association of Social Workers (NASW) National Education Assication (NEA) Ohio High School Athletic Association |
STUDENTS' RIGHTS
Rights for students can be part of federal or state law, or codified by local school districts. Most federal-level protections for students are implemented by the US Department of Education or the US Department of Justice. School districts or school boards may set individual policies regarding student rights, activities, or behavioral guidelines.
One area of federal law that codifies students’ rights is called “Title IX,” referring to Title IX of the Education Amendments of 1972. Title IX applies to all public schools and other institutions that receive federal funding, and it says:
IF YOU ARE A STUDENT AND YOU THINK YOUR RIGHTS HAVE BEEN VIOLATED, your first and best response is to identify a trusted adult (a parent, a teacher, a coach, or someone else) and explain to them as much as you can about the situation.
One area of federal law that codifies students’ rights is called “Title IX,” referring to Title IX of the Education Amendments of 1972. Title IX applies to all public schools and other institutions that receive federal funding, and it says:
- Schools cannot discriminate against students based on sexual orientation or gender identity
- This protection extends to cover extracurricular activities, school sports, dress codes, and bathrooms or locker rooms
- Schools cannot tolerate anti-LGBTQ+ harassment or bullying
- Students in public secondary schools have the right to form GSAs (Gay Straight Alliances/Gender and Sexuality Alliances) as long as their school allows for any extracurricular activities, and the GSA is student-initiated
IF YOU ARE A STUDENT AND YOU THINK YOUR RIGHTS HAVE BEEN VIOLATED, your first and best response is to identify a trusted adult (a parent, a teacher, a coach, or someone else) and explain to them as much as you can about the situation.
Resources for Students
students' rights handbooks
federal trans students' rights
US Department of Education: Supporting Transgender Youth in School (pdf)
Student-led advocacy
Trans Student Educational Resources (TSER): Trans Graphics Series
ACLU: How to Start a Gay Straight Alliance
ACLU: How to Start a Gay Straight Alliance
classroom experiences
EDUCATORS' RIGHTS
Educators undertake years of specialized education, training, and professional development before and during their professional tenure. They should be our most trusted resource when it comes to the development of our students.
Public school teachers are protected under Title VII, which prohibits discrimination based on characteristics including sex, gender identity, and sexual orientation. This means a public school cannot consider sexual orientation or gender identity when considering hiring, setting salary, providing benefits, promotions, or assigning responsibilities. More broadly, all teachers are protected under the Equal Protection Clause of the Fourteenth Amendment of the Constitution, which prohibits discrimination based on characteristics including race, national origin, or religion. Teachers’ union resources and the Equal Employment Opportunity Commission (EEOC) are other important sources of support.
School districts have the right to set policies around what teachers say in the classroom, what curriculum is used in classrooms, and what displays or signage is allowed in the classroom or school. This type of local control, rather than allowing state or federal bodies to set these rules, has traditionally allowed schools to craft policies that are more reflective of their communities and the families they serve.
Public school teachers are protected under Title VII, which prohibits discrimination based on characteristics including sex, gender identity, and sexual orientation. This means a public school cannot consider sexual orientation or gender identity when considering hiring, setting salary, providing benefits, promotions, or assigning responsibilities. More broadly, all teachers are protected under the Equal Protection Clause of the Fourteenth Amendment of the Constitution, which prohibits discrimination based on characteristics including race, national origin, or religion. Teachers’ union resources and the Equal Employment Opportunity Commission (EEOC) are other important sources of support.
School districts have the right to set policies around what teachers say in the classroom, what curriculum is used in classrooms, and what displays or signage is allowed in the classroom or school. This type of local control, rather than allowing state or federal bodies to set these rules, has traditionally allowed schools to craft policies that are more reflective of their communities and the families they serve.
Resources for Educators
employment guidance
professional development
GLSEN: School Mental Health Professionals Supporting LGBTQ Youth
American Psychological Association: Just the Facts about Sexual Orientation and Youth: A Primer for Principals, Educators and School Personnel
American Psychological Association: Just the Facts about Sexual Orientation and Youth: A Primer for Principals, Educators and School Personnel
lived experiences
FAMILY RIGHTS
Because public schools are such an important part of the framework of every community, parents’ rights and the way families interact with public schools has been carefully thought about for decades. How family members interact with their child’s teachers and school is deeply personal, and also shaped by the individual policies and practices of their child’s school.
Parents and families have long had a voice and active partnership with schools in Ohio, with our Ohio PTA formed in 1901 (one of their first causes was supporting the implementation of child labor laws). Currently, more than 48,000 parents are engaged in PTA activities across Ohio. And in fact, every public school district in Ohio must have a policy about how their schools invite families into the classroom, engage them in school programming, and communicate effectively with the entire school community. How your public school chooses to implement that policy is based on local control.
Families can rest assured that many safeguards exist around teachers and in classrooms designed to ensure the safety, privacy, and wellbeing of students. These include the Licensure Code of Professional Conduct from the Ohio Department of Education, and oversight and guidance from the State Board of Education.
When reviewing the “parent’s bill of rights” bills currently in front of the Ohio Legislature in 2022 and other “parent’s rights” measures, consider carefully the language of the bill. Does that bill provide “parent’s rights” to all adults in a community, including those who do not have children, or who do not have school-age children, or who do not have children attending public schools? As part of today’s barrage of bills and laws facing schools, these “parent’s rights” measures may actually dilute the relationship between schools and the families of their students.
Parents and families have long had a voice and active partnership with schools in Ohio, with our Ohio PTA formed in 1901 (one of their first causes was supporting the implementation of child labor laws). Currently, more than 48,000 parents are engaged in PTA activities across Ohio. And in fact, every public school district in Ohio must have a policy about how their schools invite families into the classroom, engage them in school programming, and communicate effectively with the entire school community. How your public school chooses to implement that policy is based on local control.
Families can rest assured that many safeguards exist around teachers and in classrooms designed to ensure the safety, privacy, and wellbeing of students. These include the Licensure Code of Professional Conduct from the Ohio Department of Education, and oversight and guidance from the State Board of Education.
When reviewing the “parent’s bill of rights” bills currently in front of the Ohio Legislature in 2022 and other “parent’s rights” measures, consider carefully the language of the bill. Does that bill provide “parent’s rights” to all adults in a community, including those who do not have children, or who do not have school-age children, or who do not have children attending public schools? As part of today’s barrage of bills and laws facing schools, these “parent’s rights” measures may actually dilute the relationship between schools and the families of their students.
Resources for Families
public school parent engagement
Ohio Department of Education: Parental Involvement Policy
Ohio Parent Teacher Association: Ohio PTA Programs
Ohio Parent Teacher Association: Ohio PTA Programs
privacy and parental rights
US Department of Education: A Parent's Guide to the Family Educational Rights and Privacy Act (FERPA)
generational experiences
federal resources for discrimination against students in schools
US Department of Education: Title IX Frequently Asked Questions
state of ohio educational framework
Ohio Department of Education: Whole Child Framework