Do You See Any Differences Between Red & Blue States?

The Connecticut Department of Education just release these guidelines.…

Guidance on Civil Rights Protections and Supports for Transgender or Gender-Diverse Students


Introduction

In 2011, the Connecticut General Assembly passed Public Act 11-55, which amended multiple statutes to specifically prohibit discrimination based on gender identity and expression in employment, public accommodation, housing, and extending credit. In part, Public Act 11-55 codified protections for gender-diverse individuals that the State of Connecticut Commission on Human Rights and Opportunities (CHRO) had recognized in a declaratory ruling as early as 2000. It also amended Section 10-15c(a) of the Connecticut General Statutes (C.G.S.) to provide all students with equal access to educational programming and activities, regardless of gender identity or expression, thereby reiterating Connecticut’s strong commitment to ensuring that all students feel valued, visible, protected, and empowered to pursue their education in a safe and inclusive learning environment.

In September 2017, pursuant to then-Governor Dannel P. Malloy’s Executive Order No. 56, the Connecticut State Department of Education (CSDE), in consultation with the CHRO, issued guidance for Connecticut school districts on the rights, responsibilities, and best educational practices for transgender1 students. That guidance document was designed to assist schools and districts in understanding and implementing the rights of gender-diverse students. Since the issuance of that September 2017 guidance, however, there have been developments in federal law which either directly affect — or could indirectly impact — transgender students and which are reflected in this updated guidance.

Hmm… how many Red states do you think would publish this?

So what do you need to be protected… do you have a doctor’s letter? Do you need to change you birth certificate? Nope.

Establishing Gender Identity

As noted, C.G.S. §§1-1n and 46a-51(21) provide that gender-related identity can be established in various ways, including, but not limited to: medical history; care or treatment of the gender-related identity; consistent and uniform assertion of such an identity; or any other evidence that the identity is sincerely held, part of a person’s core identity, or that the person is not asserting such an identity for an improper purpose. This list, however, is not exhaustive and does not describe all the ways in which gender identity may be established.

• Consistency of Expression Not Required: While consistency and uniform assertion may be a way for individuals to indicate their gender identity, neither federal nor Connecticut law requires that individuals consistently and uniformly assert or express a particular identity. Students who identify as gender fluid may express that in ways that conform with more than one gender, even from one day to the next.
• Documentation Not Required: Neither federal nor Connecticut law requires students to produce identification documents for the school to acknowledge their gender identity or expression. Requiring such identification — which students are often unable to obtain — could have the practical effect of limiting or denying students equal access to educational programming and activities, including, but not limited to, athletics. Furthermore, except as is discussed in the section of this guidance pertaining to educational records, notice from a parent or guardian is not required in order for a school to recognize the student’s gender identity or expression.

Basically you just have to declare that you’re trans.

Does the school have to report your transition to your parents?

Parental Notice, Communications, and Objections
As previously mentioned, and, again, except as discussed in the context of student records, there is currently no law that requires notice from a parent or guardian for a school to recognize the student’s gender identity or expression. In the absence of notice from a parent or guardian, however, a related question is whether a school district is obligated to inform a student’s parents or guardians of the student’s request to be referred to by a name, pronouns, and gender markers that do not correspond to the sex that was assigned to the student at birth.

There are 17 pages in guidance that covers,

• Gender Identity and Expression Terminology
• Names, Pronouns, and Gender Marker
• Parental Notice, Communications, and Objections
• Issues Concerning Student Records
• Restrooms, Locker Rooms, and Physical Education
• School-Based Clubs and Activities
• Dress Code

They also included...

• Appendix: Relevant Statutory Language Protecting Transgender Students

That sure does sound different that in Republican controlled states!

A link is down on my blog on the right-hand side.

Also a Shipman & Goodwin law firm published their interpretation of the guidelines,

CSDE Releases Updated Guidance on Civil Rights Protections and Supports for Transgender Students


As an update to its previous 2017 guidance on the subject (the “2017 Guidance”), the Connecticut State Department of Education (CSDE) released guidance for school districts in January 2024 providing information to assist school districts in meeting their obligations to “ensure that all students, regardless of their gender identity or expression, are treated equitably and provided with an equal opportunity to participate in school activities, programs, and courses of study, free of discrimination or harassment” (the “2024 Guidance”). The 2024 Guidance aims to address developments in federal law since 2017 which either directly affect, or could indirectly impact, transgender students. As an example of a legal development that serves as a basis for the changes reflected in the 2024 Guidance, the CSDE cites the United States Department of Education’s Office for Civil Rights’ “Notice of Interpretation” issued on June 16, 2021, which clarified that sex-based discrimination prohibited under Title IX of the Education Amendments of 1972 includes discrimination based on sexual orientation and gender identity.

They cover,

• Gender Dysphoria
• Parental Notice
• Religious Freedom
• Student Records

Just be aware this was written by a law firm to keep their clients out of court.