The way to get it done: North Kingstown School Committee passes an excellent transgender student policy

"To show support for the students in our district it's important that we pass this policy," said Committee Member Jennifer Lima.

“Our current policy on transgender students was adopted in 2018 and [simply] says that we adopt the Rhode Island Department of Education (RIDE) guidance on transgender and non-conforming students,” said North Kingstown School Committee Member Jennifer Lima at the January 25 School Committee Business meeting. “Our policy doesn't specifically call out the protections that are provided in those guidances. What we did in the policy [sub] committee was revise it to be more specific about how we're supporting our students who are transgender and non-binary.”

Last night the North Kingstown School Committee unanimously passed the policy on Transgender and Non-Binary Students, a policy many other school districts in the state have found challenging due to misinformation and fear being spread by right-wing anti-trans bigots. Many well-meaning people have found themselves under the sway of political opportunists who deliberately target vulnerable children. But the science is clear.

“I'm here tonight representing Thundermist Health Center as its Trans Health, Education, and Policy specialist,” said Ryan Fontaine, speaking at the school committee meeting on Tuesday. Thundermist is a federally qualified community health center located in Woonsocket, West Warwick, and Wakefield, that presently serves 61,000 people with patients from every zip code in Rhode Island and is also home to the first and largest program for trans health in Rhode Island.

“We know that having supportive policies in their lives is significant for the well-being of gender-diverse young people, and treating gender-diverse young people with basic dignity and respect helps them to lead healthy lives,” continued Fontaine. “That's why Thundermist is here to support inclusive policy that protects the rights of everyone.

“Personally, that's why I am here. As I said, I'm not a North Kingstown resident [but] Rhode Island has always been my home. I went through public school at a time before policies like this existed - at a time before there was much understanding in the public about gender-diverse people. As a young trans person, I was afraid to come out anywhere because I had no idea who I could trust or how anyone would react.

“Policies like this are more important than ever as young people today come of age at a time during unprecedented political targeting. The character of Rhode Island and our communities has long been one where we lead in recognizing the value and dignity of everyone. Thank you to the school committee members for your commitment to best practices that provide a learning environment that meets the needs of your diverse students.”

Jennifer Lima

“Research has consistently demonstrated that LGBTQ+ youth frequently face discrimination, harassment, and violence in school. These hostile school climates can lead to detrimental effects such as poor mental health and poor educational outcomes.

“Research in the area of LGBTQ+ students has shown that protective factors such as supportive adults within the school, supportive peer clubs, protective policies, and inclusive curricula can buffer the negative impacts of discrimination and bias in schools and can help all students thrive.

“We have received some pushback on this policy change and I can understand that, but I want to stress that being uncomfortable is not the same thing as being unsafe. School officials have a responsibility to ensure the safety of all students. Schools have permitted students to access restrooms and locker rooms based on their gender identity for many years. That's how everybody moves through restrooms in their daily life. Nobody is asked to [verify] their gender before they use a bathroom and to try to enforce any other type of policy is unimaginable and invasive.

“There have been strong studies that show that supporting a student's needs at school provides a great short-term solution. Of course, where possible, the goal should be to support the student's family and that the family will accept their child's gender identity. But that doesn't always happen, and our responsibility is to protect the student…

“I heard from students that 'non-conforming' is language so I changed that to 'gender diverse' instead.

The other thing that a student pointed out to me was a statement in the policy that said the majority of people are cisgender while a minority are transgender. That's also stigmatizing. So removing that…”

James Sheehan:

Former State Senator James Sheehan (Democrat, District 36, Narragansett, North Kingstown) was appointed to the School Committee in December.¹ Though he was not present at the January 26 or the February 6 meeting, he sent in some written recommendations about the revision to the policy. Sadly, his revisions showed a lack of understanding about the issue.

• Recommendation number one: The parental right to information about their child - The need to keep parents informed of significant school issues is important. While staff members act in loco parentis on behalf of students, this privilege must give way to the right of parents or guardians to be apprised of matters about the health and wellbeing of their minor children. This is especially true for transgender or gender non-conforming youth as they are more at risk for mental illness, including depression, anxiety, suicidal thoughts, and attempts at self-harm than their non-transgender peers. Barring any specific legal prohibition, requests for information made by a parent, parents, or guardian should suffice to permit staff to respond to any questions about their child, including issues related to gender. If adopted, I would defer the drafting of an amendment to legal counsel.

• Recommendation number two: Restrooms and changing room policies - The optimal solution would be for the district to make available individualized, gender-neutral, or all-gender restrooms and changing rooms across the board. This would respect the privacy of all students irrespective of gender identity. Until then, the district shall make accommodations allowing students to use the facilities consistent with their gender identity. Students seeking such an accommodation would meet confidentiality with the school principal or a designate who would affirm the students' expressed gender identity through documentation from any one of the following: a parent, guardian, guidance counselor, doctor, psychologist, or other medical professional. Thereafter, a gender support plan [GSP] would be written to ensure student confidentiality, safety, support, and emotional well-being. A GPS would last the entire tenure of a given student unless that same student voluntarily opts out. While this process is modeled on the Rhode Island Interscholastic League's eligibility regulations for transgender athletes, a more in-depth process for providing various other student accommodations has been established through federal and state law over decades. Students possessing either a 504 or an IEP are furnished with accommodations after a diagnosis is made by a licensed professional. Thereafter, an individual educational plan IEP or 504 plan is written. Of course, this is in no way to equate transgender or gender non-conformity with disability. If adopted, I would defer to the drafting of an amendment to legal counsel.

• Recommendation number three: Communication with the media - I would recommend narrowing the scope of terms media and matters. The current language is quite broad, inviting possible unintended consequences for well-meaning comments or discussion of the general issue of transgender identity or expression that may be shared online or posted via social media by staff. I recommend a perspective, a prospective amendment below for your consideration.

  • Proposed amendment: Only the superintendent or designee shall communicate to representatives of the news media regarding district policy matters relating to student gender identity or expression. District staff shall direct the media to the superintendent or designee in communicating with the news media, parents, or guardians, and the community. Protecting the privacy of transgender and gender nonconforming students shall be the top priority for spokespersons and staff.

Jennifer Lima:

After Committee Member Sheehan’s recommendations were read to the committee, Committee Member Lima clarified that the “high incidents of mental health, suicide, and other stressors that transgender youth face are not because they are transgender. It has nothing to do with who they are. It's because of the issues that they face from other people not accepting them.”

At both meetings, Committee Member Lima was strong in her defense of the policy, and the need to adopt it.

“The underlying theme I picked up from a lot of the questions was, ‘How come you notify a parent about if they're drinking? How come you notify a parent if they skip school?’” said Lima. “It's important to note that those things are either illegal or against policy and it presumes that there is something inherently wrong with being transgender and thus parents need to be notified. And that's not the case. We don't notify parents if Billy kisses Susie or Susie kisses Sally. We are not notifying parents of those things. Being transgender is somebody's identity. It's not something that they have done wrong.

“One thing that I just want to point out is that the transitions [talked about in] this policy are social transitions. The district is not facilitating medical or surgical interventions, and anyone who says otherwise is either uninformed or deliberately feeding into the anti-trans narratives.

“Right now we're seeing countless attempts here in Rhode Island and around the country to take away dignity, safety, and freedom [from] transgender youth. There are policies to remove all mention of sexual orientation or gender identity from our classrooms and roll back anti-discrimination protections.

“People think it isn't happening here, but it is…

“Most parents do an excellent job making decisions that affect their children's lives and futures, but very few parents will admit to knowing everything that there is to know about how to keep their children healthy and safe. There's a wealth of knowledge that supports best practices for transgender youth, particularly in medicine and education. And those best practices are reflected in this policy before us this evening.

“To show support for the students in our district it's important that we pass this policy, which fleshes out the practices that are currently in place and have been for years.”

1. Senator Alana DiMario currently occupies Sheehan’s former seat.