Know Your Rights Part 2: NH School Policies Protecting Trans* Students
It was the final straw.
“So all those kids that we reported for bullying you were in school today?”
“Yeah.”
“I got the letter saying that the bullying investigation was ‘founded’.”
“I know.”
“They sent me the progressive discipline document and it said the first offense for bullying was suspension.”
“I guess… but Mrs. Walsh* did change my seat. She moved me away from Taylor and Max.”
“She moved YOUR seat?”
“Yeah. It’s okay. Don’t get all worked up, mom. I’m used to this now.”
But it was not okay. After two years of near constant bullying at school, I felt as though the teachers and administration had failed to protect my child, and it was time for me to step in.
There ARE laws and policies that protect trans* kids in public schools. Unfortunately, those policies are not always followed, so my first objective was to learn more about those laws and policies that are supposed to be protecting my child. Finding and understanding the relevant policies was challenging and frustrating, but it was the step I needed in order to advocate for change.
This was a difficult and emotional journey, and while I hope other trans* kids are respected at their schools, I feel like I need to share what I learned to help anyone who may have similar experiences as us.
In this three blog series, I started with the federal policies protecting trans* students in schools. Now, in part 2, I want to get local to New Hampshire by explaining how NH school policies work and some important policies that protect our kids. Finally, in part 3 (coming soon!), I want to share how we used policies to solve this problem for my kid and how other parents of trans* kids can use them to help their own children.
How NH school board policies are organized
In New Hampshire, most school districts organize their policies by following the New Hampshire School Board Administration’s (NHSBA) suggestions. The NHSBA policy recommendations are organized using a letter coding system (For example, policies starting with the letter J all relate to students). They are also organized by “required” and “optional”. Required policies are directly tied to federal, state, or local laws and basically are there to make sure that the school is in compliance with the law. Required policies don’t usually vary much from school district to school district, but in some cases, some schools will add to the policies to make them more specific and relative to their community. Optional policies are not required by law, but are suggestions from the NHSBA that might be helpful for districts.
Important policies protecting trans* students
The following policies are probably the most important ones to know and understand for trans* students. I organized them by their code, the title, and a brief summary of what it protects.
JICK (Pupil Safety Violence Prevention and Anti Bullying): this required policy identifies “gender, gender identity and expression” as an “actual or perceived characteristic” that is protected against bullying in the district. It protects transgender and gender nonconforming students against bullying.
ACAA (Harassment and Sexual Harassment of Students): this required policy states that harassment due to “gender identity and expression” is prohibited. It protects transgender and gender nonconforming students against sexual harassment.
AC (Nondiscrimination Equal Opportunity Employment and District Anti-Discrimination Plan): this required policy states that “no person shall be excluded from, denied the benefits of, or subjected to discrimination …because of their gender identity.” The policy applies to “all persons employed or served by the district” and includes “all sites and activities the District supervises, controls, or where it has jurisdiction under the law.” It protects transgender and gender nonconforming students against discrimination at school and at school events.
JBAB (Transgender and Gender Non-Conforming Students): this optional policy gives schools guidance for transgender and gender nonconforming students for issues beyond bullying, harassment, and discrimination. It has guidance for the students’ privacy, their official school records, usage of chosen names and pronouns, gender segregated activities, restroom and locker room accessibility, PE classes, athletics, and dress code. Because it is optional, not all school districts have this policy. Districts that do have this policy may have customized it a lot depending on the needs of the community, so some pieces might be added, deleted, or tweaked.
Finding your school’s policies might be a bit of a challenge depending on how the district’s web page is organized, but they do have to make them public so people can access them. I had to dig really far to find my child’s school policies, and once I did, I had a lot of reading to do. Policies are not always “user friendly” and are often up for interpretation. However, knowing the policies can give parents the advantage they need to advocate for their kid if they are not being treated fairly.
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In the next part of this blog series, I’ll explain what I did to navigate policies to protect my kid and what other parents might do to help their kids if these policies are not being followed.
But, before I wrap up, I want to reassure you that this story has a happy ending. My kid is happier and safer now!
*All names have been changed to protect privacy.
**Disclaimer: I am not a lawyer or a policy analyst. I’m just a mom and a teacher who had to learn this stuff.