Transgender and/or Nonbinary and/or Gender Expansive Students

What supports are protected by California law and HUSD board policies?

When a student identifies as transgender, non-binary, gender expansive, genderqueer, gender fluid, etc, all California laws and Hayward Unified board policies and regulations will be followed, including: 

• Confidentiality
• Bathroom access aligned with their gender identity
• Locker room access aligned with their gender identity
• Sports teams access aligned with their gender identity
• Sex-segregated program access aligned with their gender identity
• Accommodations if needed documented in a Gender Support Plan (informal or formal) 
• Safe School Environment

Confidentiality & Privacy

When a student identifies as transgender, non-binary, genderqueer, gender fluid, etc, school staff will maintain confidentiality about the student’s gender identity. Confidentiality means that all staff communicates in a discreet and respectful manner about the student's identity, needs and accommodations. It also means that a student's transgender identity will not be discussed with other students, parents or staff who do not need to know.

• Confidentiality will be maintained by staff, even when a student chooses to be out about their identity with whomever they would like to tell.

• For a name and/or gender change, the school principal or counselor will inform teachers confidentially that the student is now using their chosen name and/or pronouns in alignment with their gender identity. School staff will be informed if they need to use the legal name or pronouns when communicating with parents or guardians.

• Facility accommodations, including bathroom or locker room access, must be offered confidentially and discreetly. School staff may not tell other students or parents about the accommodations. 

• Respecting privacy means that staff will not ask a student about their anatomy, nor will they discuss about the student's anatomy to others. Staff will also not ask a student about their sexual orientation. If a student chooses to bring up either of these topics to a trusted adult, the information will be respected with the utmost confidentiality. This includes asking the student permission first before referring to a counselor if they need additional support and/or what information is okay to share. 

Bathroom, Locker Room, Sports Teams & Sex-Segregated Program Access

Every student must be allowed to participate in school programs, activities and facilities that are aligned with a student's stated gender identity. This includes access to gender segregated bathrooms, locker rooms, sports teams and any other sex-segregated programs that aligns with the student's gender identity.

Accommodations Offered

Students will be offered accommodations for safety and privacy such as access to a private changing area or a gender neutral bathroom. The accommodations offered will be based on what is available at each school's facilities. For example, a "private changing area" could be a nearby restroom stall with a door, an area separated by a curtain, a Physical Education instructor's office in the locker room, or a nearby health office restroom. Another accommodation could be using the locker room that corresponds to their gender identity before or after other students. Students may choose to use these accommodations, but will not be required to use them. The school staff will maintain the utmost confidentiality and privacy when these choices are offered.

Gender Support Plan (informal or formal) 

School staff have a responsibility to co-create a gender support plan with input from the student, principal, counselor, teachers, etc (and parents/guardians, if they are available for support) that respond to the unique needs of the student. This plan could be informal or formal. A formal plan can be documented in an SST (Student Study Team) meeting. A formal plan is encouraged to keep track of support year to year, and the plan can be shared with the student's next school when moving from elementary to middle and middle to high school. The information in the gender support plan must stay confidential. 

School staff who might be a part of the support plan (ex. Physical Education teacher who provides a private changing area, classroom teachers, counselors, etc) should receive confidential communication and support for implementing the plan. The school principal and/or counselor should check in with the student annually or more often as needed to review the plan. If adjustments are made to the plan, the principal and/or counselor should communicate confidentially with specific staff who need to know about the changes.

Safe School Environment

All students have the right to engage in their education, free from bullying, harassment, intimidation or violence. A student's sex/gender, gender identity, gender expression and/or sexual orientation are all identities that are protected from discrimination by law. If a staff member witnesses bullying, harassment, intimidation or violence, and especially if they see it happening to a transgender and/or non-binary student, the staff member must intervene and stop the harassment.

Any student can ask a trusted staff member for help. Any staff member, student or community member can also submit an anonymous report when they witness or experience bullying, harassment, intimidation or violence. They also have the choice to submit their name when making a report. 

For further guidance, please see the School Success and Opportunity Act (AB 1266) Frequently Asked Questions provided by the California Department of Education.