Guidance FAQs*

This document provides guidance to schools and families about important protections for transgender and gender diverse students under Connecticut law as well as under established federal statutes and Constitutional guarantees of equality. It is important to students, families, and school personnel across Connecticut because it explains obligations schools have to ensure equal opportunity for all students and specifically how to meet those obligations for transgender and gender-diverse students.

The guidance explains that in 2011, the Connecticut General Assembly passed Public Act 11-55, which added prohibitions against discrimination on the basis of “gender identity and expression” to Connecticut law, C.G.S. Section 10-15c(a), that requires all students be provided equal access to educational programming and activities. The guidance explains this law “reiterates 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.”

The guidance also explains that federal school non-discrimination law referred to as Title IX reinforces these guarantees and that both the United States Department of Education’s Office of Civil Rights and federal case law makes clear that the prohibition against sex-based discrimination covers (1) discrimination based on sexual orientation; and (2) discrimination based on gender identity and transgender status. The CSDE guidance explains that “schools must 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 guidance makes clear that federal and state law require schools to “promptly and effectively address claims of harassment, bullying, disparate, or discriminatory treatment” and take “reasonable steps to stop such conduct.” A school’s failure to do so may subject that school to liability.

This explanation comes directly from the guidance:

All forms of harassment and discrimination proscribed by C.G.S. §10-15c(a) are equally pernicious, and thus, under Connecticut as well as federal law, districts and schools must ensure that: 1. every student is treated equitably by staff, by other students, or by individuals or entities with whom a district has contracted to provide services to students; and 2. no student is subjected to different rules, standards, or expectations due to falling within one of the protected classes set forth in C.G.S. §10-15c, including gender identity or expression.

To reiterate, and as with all other forms of illegal harassment, districts must take swift and meaningful steps to eliminate harassment that is based upon a student’s gender identity or expression once the existence of such conduct has been established. Furthermore, as they do for all children, districts should strive to ensure that their schools are “safe spaces,” in which gender-diverse students feel welcome and supported. This can include providing resources to transgender students, such as identifying — and advising students and employees of — specific administration and staff members who can serve as contacts with whom students can discuss concerns or incidents, or can otherwise check in.

Connecticut law makes clear that a student may establish their gender identity in a number of different ways. A student’s assertion of a gender identity should be accepted by a school as long as it is sincerely held, part of a person’s core identity, and not being asserted for an improper purpose.

The guidance makes clear that consistent expression is not required. It also recognizes that some students may have a fluid gender identity. This is particularly true as students engage in gender identity exploration which is common particularly for younger transgender and gender diverse students.

The guidance also explains that students do not have to produce identification documents in order to ensure that a school acknowledges the student’s gender identity, and that “[r]equiring 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.” It also explains that “notice from a parent or guardian is not required in order for a school to recognize the student’s gender identity.”

The Guidance emphasizes that respect for and recognition of a student’s name and pronouns is important for a student’s well-being. It also highlights that the refusal to honor a student’s request to use names and pronouns consistent with the student’s gender identity could be regarded as hostile-environment harassment under either (or both) federal and state non-discrimination law. And to the extent that such conduct adversely and foreseeably negatively impacts the student’s emotional well-being, it could also be grounds for liability under a state claim such as intentional infliction of emotional distress. Beyond potential liability, the Guidance underscores that ongoing references that disclose a student’s transgender status by repeated use of a prior name or misuse of pronouns “is contrary to the goal of treating all students with dignity and respect.”

The Guidance advises schools to develop policies to ensure that transgender and gender diverse students are referred to by the name and pronoun consistent with their gender identity. It further states that it is “critical to provide professional learning opportunities to administrators, teachers, and staff about both the importance of using a student’s chosen name and correct pronouns regardless of the student’s sex assigned at birth, and the possible legal consequences of failing to do so.” Importantly, the guidance links to best practices concerning effective and appropriate communications with elementary and secondary students as suggested by the U.S. Department of Education, May 2016. Archived: Examples of Policies and Emerging Practices for Supporting Transgender Students (PDF)

No. The Guidance states that no federal or state law requires that a parent or guardian notify the school before a school is required to recognize a transgender student’s name or pronouns.

No. The Guidance explains that “there is no law that specifically requires districts or schools to inform parents or guardians of a student’s gender identity or expression.” At the same time, the Guidance also acknowledges the importance of fostering effective communication between schools and parents and parental involvement in their children’s schools. These goals must be consistent with a students’ educational needs and emotional well-being which all suggests there is no one-size-fits-all answer to this question.

The Guidance here too recognizes there is no one-size-fits-all answer to this question. In the absence of clear law providing confidentiality protections for schools regarding a student’s gender identity or expression and acknowledging that Connecticut law recognizes some communications with schools by students to be confidential and privileged, the Guidance identifies a number of factors to take into account in determining how to answer this question. These factors include the student’s emotional health and well-being and the importance of fostering open communication between schools and parents.          

Importantly, the Guidance notes there are situations where “sharing this information with a parent or guardian could threaten the student’s physical or emotional health.” In such cases, the school or district are directed to consult legal counsel before responding to a parent’s request. This consultation should take into account: general district or school practices regarding parent or guardian notices, in addition to a student’s preference, and concerns for student well-being and safety, at a minimum.

No. The Guidance is clear that students do not need to show documentation of a legal name change in order to use a new name at school or to request a change to student records. Gender and name information reported in PSIS should reflect a student’s stated gender identity and chosen name.

The Guidance states that pursuant to the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g (“FERPA”), a parent, guardian, or eligible student may request that the school amend a student’s education records to make them consistent with the student’s chosen name and gender identity. Requests to change student records based on gender identity or expression must be treated the same as any other request to change records.

Under FERPA, school districts must change educational records upon the request of a parent/guardian. Moreover, where a change of records is requested in order to conform a student’s records to the student’s gender identity, the change may be required under separate federal and state laws protecting against gender identity discrimination. These laws are independent of FERPA and may require changing student records even where FERPA does not clearly provide a mechanism for doing so.

In addition, FERPA provides students who are 18 and older and parents/guardians with a legal right to request an amendment to a student’s education record to correct inaccurate or misleading information, which can include correcting name or gender identity information. For further information on the interplay between FERPA and school districts’ obligations under anti-discrimination laws, districts should consult with their legal counsel and review CSDE’s guidance document.

Schools must respect a transgender student’s gender identity, including their chosen name and pronouns, even if there has been no change to their educational records. As noted above, schools are encouraged to adopt best practices concerning pronouns, names, and communication.

To prevent accidental disclosure of a student’s transgender status, schools should keep records that reflect a transgender student’s birth name and assigned sex (e.g., copy of the birth certificate) apart from the student’s cumulative school records in a separate file. Schools should also implement similar safeguards to protect against disclosure of information contained in electronic records. In instances where a student is using a chosen name, the student’s birth name and gender information is considered private information and may not be disclosed except as permitted by FERPA. Inappropriately disclosing personally identifiable information from education records to the school community may violate FERPA and interfere with transgender students’ rights under anti-discrimination laws.

Gender dysphoria is a medical condition in which a person experiences clinically significant distress resulting from a mismatch between their gender identity and birth sex. It is an uncommon condition and is highly treatable. The treatment includes support for the individual to be able to live consistent with their gender identity. Not all transgender students experience gender dysphoria and being transgender and having gender dysphoria are not equivalent. In addition, having a gender identity or expression that is different from a birth sex is not the same as having gender dysphoria. 

Yes, the Guidance explains that in circumstances where “gender dysphoria substantially limits a major life activity, such as learning, it could qualify as a disabling condition under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §701 (Section 504).” In addition, “if the gender dysphoria were so pronounced as to constitute an emotional disability that resulted in a student’s need for specialized instruction, the student may qualify for special education and related services under the Individuals with Disabilities Education Improvement Act of 2004, 20 U.S.C. §§1400, et seq. (IDEA).” The Guidance also notes that in both of these circumstances notification to parents of the condition and the plan is likely.

The Guidance is clear that all students must be permitted access to restrooms and locker rooms consistent with their gender identity. And no student may be forced to use a facility inconsistent with their gender identity. In addition, the Guidance explains that schools cannot compel gender-diverse students to use individual-user facilities when other students are not required to do so, regardless of whether other students, parents, guardians, district staff, or community members raise objections.”

Yes. Federal and state laws secure the right of transgender and gender diverse students to form clubs or organizations on equal terms with other students. The Guidance states that refusing students the chance to form or join a club focused on transgender students or issues pertinent to and supportive of transgender students, or more likely LGBTQ+ students, is likely a discriminatory practice in violation of state and federal laws.

Simply put, schools must permit transgender students to dress in accordance with their gender identity or expression and wear clothing that is appropriate for students with the same gender identity. This requirement applies to graduation attire and requires schools to allow gender diverse students to wear the graduation attire consistent with their gender identity or expression.

In the public school setting, all students are entitled to equal treatment. Protecting one student’s civil right to equal treatment does not violate the religious freedoms of other students. In explaining this to families who raise objections, school officials may find it helpful to note that all students will be afforded privacy.

No. Students are not required to produce documents that reflect their gender identity in order to have the right to be treated consistent with their gender identity. Under the relevant laws, schools are expected to treat students consistent with the student’s stated gender identity even if the education records or identification documents indicate a different sex. Similarly, the school’s obligation to treat a student consistent with the student’s gender identity or expression does not require notice from the parent or caregiver.

Students have the right to be addressed by a name and pronoun that the student prefers and corresponds to their gender identity even if education records or identification documents indicate a different name or sex. Using the student’s chosen name and pronoun is important not only for legal compliance but also for ensuring the student’s dignity and well-being. If school staff are unsure what name and pronoun to use, privately asking students what their preferred gender pronouns and names are in an age-appropriate manner is the best place to start. It is important to remember that some students may not identify as male or female but, instead, consider themselves non-binary (i.e., otherwise not conforming to gender binary references to the two categories of male and female). Using these terms may be unfamiliar at first and it may take time for school personnel to become accustomed to new terminology on gender identity, but, as with any new term or usage, these terms will become familiar with practice, appropriate training and support.