Foster-Glocester School District is reviewing Transgender, Gender Non-Conforming, and Transitioning Students policy

The review was sparked by recent public comments from right-wing conservatives and advocacy groups concerned about the safety of students in the wake of such comments...

On Tuesday the Foster-Glocester Regional School District Committee Policy Sub-Committee met in the Superintendent’s Conference Room at the Ponaganset High School to discuss, among other things, the Transgender, Gender Non-Conforming, and Transitioning Students policy. The policy review came in response to two separate, but related, incidents.

At the last full meeting of the Foster-Glocester Regional School District Committee, the issue of transgender students using bathrooms that correspond to the student's gender identity was brought up.

Though the Foster-Glocester Regional School District Committee does not provide video of their meetings and no minutes are presently available to review, I did learn that Glocester resident Lauri Gaddis Barrett expressed opposition to trans students using the bathroom that corresponds to their gender identity. Gaddis Barrett founded Parents United RI, a group that supported Ramona Bessinger, a Providence Public School Department (PPSD) teacher who has made a second career of sorts out of opposing transgender rights and what she calls “critical race theory” or CRT in schools. Parents United RI mounted an effort to run a slate of extreme conservatives to various political offices last year which was mostly unsuccessful. They are also, through their connection to CORR (Citizens Organized to Restore Rights) involved in the illegal installation of the right-wing Clay Johnson onto the Chariho School Committee.

Barrett is closely associated with Nicole Solas, a South Kingstown resident and outspoken "parents rights" advocate. Solas recently encouraged the Smithfield School Committee to go to court to defend proposed changes to their Transgender, Gender Non-Conforming, and Transitioning Students policy that would have endangered vulnerable students.

Solas and Gaddis Barrett were in attendance at last night’s Policy Sub-Committee meeting:

Lauri Gaddis Barrett, left. Nicole Solas, right.

The second reason the issue was brought up was in response to an email from Rhode Island Department of Education (RIDE) Commissioner Angélica Infante-Green. The letter reads, in part, “Recently, staff at the Thundermist Health Associates Trans Health Program and GLAD expressed concerns to RIDE about the lack of adherence and detail to the RIDE Guidance from clients they serve. In response, Commissioner Infante-Green agreed to conduct a review of the policies across all RI LEAs prior to the start of this school year.”

You can read the letter here:¹

It was in this context that the Foster-Glocester Regional School District Committee Policy Subcommittee held the following discussion:

Chair Brendan Mara: And the last policy we have on our table for tonight is the Transgender, Nonconforming, and Transitioning Students Policy. So Mary Ann, before we jump in too much, maybe you can kind of give us an overview of what you've done on this policy?

Mary Ann Carroll (School Committee Attorney): We put this policy on the agenda tonight for a couple of reasons. One, we had gotten some questions at the last school committee meeting about bathroom use, and in the meantime, the Commissioner of Education came out with a directive to all school districts that their policies had to be in compliance with the supportive information and guidelines that have come out from the [Rhode Island] Department of Education. We are looking at our policy to make sure that the policy we presently have in place is in compliance with the guidelines from the Department of Education.

These guidelines were done in 2016. Just recently the Commissioner's office came out with the email. I got it from the Superintendent in Portsmouth, but [Foster-Glocester Regional School District Superintendent] Renee Palazzo² also got it. [The email says] that there's been some conversation about transgender students and the Commissioner is now reviewing the policies of all school districts to make sure that they are in compliance with the guidelines and also in compliance with the regulations that came out from the Department of Education. We have regulations from the Board of Education, we have the guidelines from the Rhode Island Department of Education (RIDE), and we have a recent email from RIDE saying that we had to be in compliance and that the policies of all school districts will be reviewed by the Commissioner.

I did not write [our] policy. [Our] policy is very generic. But [our] policy very clearly says that we will follow the regulations and the guidelines [established by RIDE]. I think it's clear to say that [our] policy, as written, follows [state] guidelines and regulations. I think we're fine, but I thought it had to come in front of this committee so that you could review it. And then, Brendan, I'm hoping that under “policy” on Tuesday night, [the next scheduled meeting of the full Foster-Glocester Regional School District Commitee] you will simply say that we've reviewed this policy. It's in compliance with the guidelines and the regulations. Does anybody have any questions that I can answer? We tried to provide you with the material so you'll understand.

Committee member Amy Ferreira: The policy itself, as you said, is pretty minimal. It speaks to the guidelines and all that, but I feel it's probably not as all-encompassing as it might need to be given the concerns of the public. I felt like I was reading a copy and paste of the laws. Even under the district protocol piece, it says the superintendent shall establish a districtwide protocol facilitated in terms of this policy. Where's the districtwide protocol? It just says you'll establish one, but…

Mary Ann Carroll: The district would have to establish a protocol that's in compliance with the guidelines from RIDE.

Amy Ferreira: I understand that, and that makes sense to me, but what I'm saying is [that] it speaks [about] something that's not here. So that leaves room for...

Mary Ann Carroll: Again, I didn't write it. I think the reason it's not there is in case the [state] guidelines or regulations change, then you'll have those changes. [Those changes will be accounted for, under our policy, automatically.]

Brendan Mara: It sounds like what we're asking, what we're charging our superintendent with, is to put forward a protocol and if the committee wants to review it, they can review it, but it wouldn't be specifically part of the policy because that protocol might change on a yearly basis. I can tell you that when we went through this the first time, without getting too much into the nitty gritty of it, the big thing that we really wanted to emphasize was the purpose at the top [of the document] because most of our policy should just reference law guidelines. But [the big thing] was to support students, staff, and visitors, to the best of our ability. Everyone focuses on transgender, non-binary, and things, but it really comes down to the individual students. If there's something that we can do to make [our schools] a more comfortable and hospitable learning environment, we should. If I'm in the changing room and I'm uncomfortable, provide accommodations to me. That's fine, and that was the goal of it.

What we've written here was an attempt to give the superintendent the time and the tools they [needed] to support the student body. We can certainly adapt it if we need to. It sounds like that protocol might be the place for Dr. Palazzo to outline what that might look like. The general desire was to meet our student body [and] to support them.

Sometimes I feel like we get caught up in some of the national storylines. People try to localize them. But you guys were in the school [as students] much more recently. I was never a student, but I think, by and large, the student body is very supportive. The idea here was to make sure that the administration was supportive and make it as comfortable a learning environment as it can be in a really difficult time. It's tough to be 15 wherever you are. That's [what's at] the top [of the document]. I think the protocol sounds like something that is a good catch and that's something I think [that if] you guys want to add to it, it must follow the law. Anything else?

Mary Ann Carroll: As I said, it was amazing that within the time that we've discussed this in a school committee meeting, the commissioner came out with her directive to review all policies to make sure that they're in compliance with the law. Since ours simply says we're going to follow the law, it's hard to say that our policy isn't in compliance with the law.

Amy Ferreira: So is this the commissioner's email?

Mary Ann Carroll: Yes. I got it from the superintendent. She's reviewing all policies to make sure that our policies are in compliance with the regulations that you put out and those are the regulations that you put out.

Amy Ferreira: The stuff that came out in the [full School Committee] meeting about bathrooms, that's not really referenced...

Mary Ann Carroll: Yes it is. “Students may access the restroom, locker room, or changing facilities that correspond to the student's gender identity. The student, upon request, should be provided with a safe and non-stigmatizing alternative to a gender if they want.” [If] there is any child that is uncomfortable, we can provide them another restroom, but we can't tell a transgender student [that] they cannot use their restroom of choice.

Brendan Mara: The buildings that we're doing now, are largely gender neutral.

Amy Ferreira: And I think that sounds, obviously, like an ideal situation.

Brendan Mara: It's not [always] feasible.

Mary Ann Carroll: My suggestion is that you, as the chairman of this committee, simply [say that] we've reviewed the policy and it's in compliance with the regulations.

Brendan Mara: So no action [needs to be] taken. [If] we do a follow-up, that's fine by me. The rest of you, is that fine?

Committee member Aaron Dupuis: I think that we should probably just wait and see what the Commissioner says about [our] policy. One important thing about that email [is that it] also says the purpose of the review is to provide feedback to LEAs [Local Education Authorities] on their policy and connect LEAs with community resources and stuff like that. So technically I don't consider [our policy a] guideline. However, I think that our best bet is to keep this in place, [and] wait until we what the Commissioner says. It says, "In response, Commissioner Infante-Green agreed to conduct a review of the policies," but then later on it says the purpose of the review is to "provide feedback." [Note: The directive says, "The purpose of the review is to provide feedback to LEAs on their policy and connect LEAs with community resources that can help provide education and support." It does not request feedback from LEAs.] From this email anyway, I don't see it as that mandated. However, we do need to follow the law, and if our policy is the correct policy, then the Commissioner should agree that our policy is a good policy.

Mary Ann Carroll: We will be sending it to her, but again, the policy is supposed to follow the law, and [our policy] says that. That's what our [policy] says. We have the law, we have the regulation, and the policy says we're going to follow both.

Aaron Dupuis: I wanted to put that out there, that it says that. It says to provide feedback...

Mary Ann Carroll: I suspect that if any district tries to change its policy and not follow the law, there will be ramifications to those districts.

Brendan Mara: So there are two charges, right? Last meeting we were asked by the full committee to take a look at the policy and make sure that it's sound and in compliance. The second charge sounds like we're going to be reviewed, as are all of the other units. If they have suggestions to improve, we'll improve. If they have suggestions to change, we'll take a look at it. That's all. Does anyone else have anything you want to add? I guess it's sort of tabled.

Mary Ann Carroll: Well, you're bringing it forward to the school committee...

Brendan Mara: We're bringing the table with us.

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You can watch the video of the meeting here. A noisy air conditioner provided an annoying background noise to the meeting.

1. The email:

Transgender and Gender Nonconforming Youth Policy:

The RI Department of Education developed Guidance for RI Schools on Transgender and Gender Nonconforming Youth in 2016. The focus of the guidance was to create safe and supportive environments for all youth through understanding pertinent federal and state statutes and raising awareness of the experiences of youth who identify as transgender/gender non-conforming. LEAs were strongly encouraged to adopt local guidance based on the RIDE guidance. In 2018, based on data provided by the RI ACLU and other advocates, RIDE and the Board of Education passed a Commissioner's regulation requiring all LEAs to develop policy based on the RIDE guidance.

Recently, staff at the Thundermist Health Associates Trans Health Program and GLAD expressed concerns to RIDE about the lack of adherence and detail to the RIDE Guidance from clients they serve. In response, Commissioner Infante-Green agreed to conduct a review of the policies across all RI LEAs prior to the start of this school year. RIDE staff will be reviewing all LEA websites for the policy. RIDE staff will review and align the LEA policy with the major sections of the RIDE guidance including enumeration of federal and state laws to guide the work; the meaning of gender transition; names/pronouns; privacy, confidentiality, and student records; dress codes; restrooms, locker rooms, and changing facilities; physical education, intramural and interscholastic activities; other gender-based policies, programs and practices; education and training; and communication with the school community. The purpose of the review is to provide feedback to LEAs on their policy and connect LEAs with community resources that can help provide education and support. The guidance was developed by RIDE at the request of RISSA. This review will be a checkpoint in that process. Please reach out to Rosemary Reilly-Chammat at rosemary.reilly-chammat@ride.ri.gov if you have any questions.

2. Foster-Glocester Regional School District Superintendent Renee Palazzo was in attendance at this meeting.