PA schools lack policies that protect LGBTQ students and district taxpayers, experts say

Attitudes on sex and gender identity have graduated; school policies on LGBTQ students, however, are elementary, at best.

Most school systems in Pennsylvania lack official guidelines on the education of gay, lesbian, transgender and non-binary students, and the state's reporting system is not being used, records show.

Without policies, districts and communities are increasingly clashing across the state as schools weigh the needs of students, and parents, and the rights of both groups. Policies can address everything from notification of requested name and pronoun changes to accommodations, and without them, advocates say, they are risking the safety of young adults and exposing districts to federal discrimination lawsuits.

The stakes are high. The likelihood for self-harm increases in cases when an LGBTQ student feels unaccepted or unsupported in the home. An estimated 45% of LGBTQ youth considered suicide in 2021, according the nonprofit Trevor Project, which surveyed some 34,000 teens.

Since 2015, four school districts in Pennsylvania have been sued over the treatment of transgender or non-binary students. In Bucks County, only three districts ― Bristol, Pennsbury and New Hope-Solebury ― have policies related to gender-expansive and transgender children and teens.

On Oct. 6, the ACLU of Pennsylvania requested the civil rights divisions of two federal agencies investigate the Central Bucks School District outside of Philadelphia for practices that, it said, created and exacerbated a “hostile” and “toxic” educational environment for its LGBTQ+ students and their supporters.

The complaint against Central Bucks alleges that the district has experienced “multiple serious incidents of student self-harm including a transgender student who attempted suicide in school in 2019.”

In September, the mother of a York County student in central Pennsylvania appeared at a school board meeting enraged that teachers had referred to her child with different pronouns and without consulting parents. The mother said the school faculty began calling her then-12-year-old child by a male name and never informed her or the child's father.

And 35 miles northwest of Pittsburgh, the South Side School District recently reinstated an educator who had refused to acknowledge a student's gender identity. The anatomy and biology teacher was initially suspended after refusing to use requested pronouns and citing his personal religious beliefs.

Learn more:ACLU alleges 'toxic environment' at Central Bucks School District for LGBTQ+ students

Related news:Her child used transgender name, pronouns at school. Mom blasts Dover for not telling her

What would a policy for LGBTQ students include?

Extensive "Gender-Expansive and Transgender Student" policies adopted by some communities address wide-ranging issues and student situations. They can help guide educators on such issues as restrooms and locker usage, where a student sleeps overnight on field trips, and the placement of a student in sexual education classes, among other things.

In many public schools, however, the only references to transgender or LGBTQ students appears in the official policies relating to mental health and suicide.

“The second-most likely cause of death for teenagers is suicide, but if they are transgender youth in an unsupported environment, 56% will attempt suicide," said Liz Bradbury, training institute director at the Bradbury-Sullivan LGBTQ Community Center in Allentown.

For decades, Bradbury has trained government agencies, corporations, nonprofits and schools on LGBTQ issues and has advised on the development of gender-inclusive policies. The absence of any clear guidelines on LGBTQ students is the biggest problem facing schools, Bradbury said.

Fearing backlash, elected school board members might not want to touch the subject, but LGBTQ students are in every classroom, she said.

“More than likely, these schools are quietly operating with an informal system or no real rules," Bradbury said. "In reality, school districts are dealing with these issues every single day.”

Born after 1996, members of Generation Z are the most "gender-fluid of any generation," according to research conducted by the Pew Research Center.

Gen Zers are much more likely to know someone who prefers gender-neutral pronouns — 35% compared to 25% of Millennials and 16% of members of Generation X, according to Pew Research. When surveyed, 59% of Gen Zers said they believed online profiles and government forms of identification should include gender options beyond male and female.

In 2019, GLISTEN (Gay, Lesbian & Straight Education Network) surveyed 16,713 students between the ages of 13 and 21 on the treatment of LGBTQ students in schools.

Only 10% of surveyed students said their school had policies related to LGBTQ students. Nine in 10 said their sex education courses made no reference to LGBTQ people.

Half of those students who identified as LGBTQ said they avoided bathrooms and locker rooms during school hours. Of transgender students, six in 10 said they felt unsafe in the classroom.

The nonprofit Parents Defending Education has campaigned against LGBTQ policies for schools.

On its website, the Washington D.C.-based organization argues that some schools foster a “gender transitioning process” without the consent of parents. “This becomes especially dangerous when schools and partnered organizations promote irreversible hormone replacement therapies and gender transitioning surgeries to young impressionable children.”

Members of that organization did not respond to requests for comment on LGBTQ policies developed in Pennsylvania.

A review of the policies that do exist in Pennsylvania districts found no references to therapies or surgeries, or promotion of transitioning.

For Subscirbers:CB teachers concerned about risk to students vow to defy transgender policy. 'We're not doing it'

More to read:Falsified records, ignored warnings: Did Bucks County jail staff fail to protect inmate?

PA schools are being sued over LBGTQ policies

Taxpayers pay the price when schools are sued by LGBTQ students and their parents.

Largely ruling in favor of students, federal judges have pointed to the national Title IX law, which prevents sex discrimination by any school or other educational institution that receives money from the federal government.

The Pennsylvania Human Relations Act, adopted by the state legislature, also prohibits sex discrimination in all places of public accommodation, including schools.

In 2015, a federal judge ruled that the University of Pittsburgh could not prohibit a transgender college student from using the restrooms and locker rooms associated with their gender identity.

In 2017, the parents of an 8-year-old sued the Minersville School District in Schuylkill County because she was denied the use of bathrooms associated with her gender identity. In October 2019, a federal judge ruled in favor of that child and her parents.

That same year, the Pine-Richland School District in Pittsburgh canceled a policy, which had required students to use locker rooms and restrooms based on their biological sex. As an alternative, transgender and non-binary students were asked to use unisex bathrooms.

When some students sued, the Pine-Richland School District dropped the policy.

Lawsuits can come from straight kids, as well.

In 2019, a handful of students sued the Boyertown Area School District to protest a policy that allowed transgender students to use restrooms and locker rooms consistent with their gender identity.  The straight students said they were uncomfortable.

In that case, a federal judge sided with the district, which has schools in both Berks and Montgomery counties. The U.S. Supreme Court denied a request to hear that case on appeal.

In the Central Bucks School District, the ACLU of Pennsylvania alleges gender discrimination and violation of the students’ rights under the 14th Amendment to the U.S. Constitution and Title IX of the 1972 Education Amendments.

According to the recently filed complaint, the district directed teachers in some schools to use student name and pronouns based on their birth-assigned sex unless the student’s parent say otherwise. The district also directed teachers to notify guidance counselors if a student wants to be called a different name or pronoun, so parents could be notified.

The complaint also alleges that near the end of the 2021-22 school year, several transgender students claimed that they were afraid to eat lunch in the cafeteria — a place they say taunting and other problems regularly occur — and instead would eat in classrooms of supportive teachers or in the main office.

No hearings are yet schedule in that case.

Changing names and pronouns in Pennsylvania schools

When asked about gender-expansive and transgender students, some school administrators said they would direct students and their parents to the state Department of Education.

Bristol Township’s acting schools director Christopher Polzer said the district didn’t have a policy and he was unaware of any students who requested to change their gender expression. Students and their families would be directed to the state, Polzer said.

Palisades, in Bucks County, would also send a student to the state for a formal gender/name change application with a parent’s permission.

“If a name change is requested, a counselor would meet with the student and provide information about making a legal change," said Donna V. Holmes, director of community relations and development for Palisades. “If the student is under 18 years of age, the parent/guardian would need to make that change.”

Yet no one seems to be contacting the state to make such changes.

The Pennsylvania Department of Education has a "Gender Reporting System," which allows a parent or guardian to change a student’s gender, first or middle name on official school records. 

When contacted, officials at the DOE said no one had used the system. No student has applied for name or gender changes, said Samantha Starliper, deputy communications director for the state Department of Education.

Along with the reporting system, the PDE provides equity, inclusion and belonging guides, with information to help schools set policies on LGBTQ student issues and addressing disabilities. The guides have not been updated since 2016, but communications director Casey Smith said they will be revamped soon.

Officials would provide no timeline or scope on that update.

Traditionally, the Pennsylvania School Board Association also advises districts on the development of policies. For example, the PSBA sends boilerplate language on discrimination, the adoption of textbooks, and the development of curriculum.

Yet, it has not issued specific guidance on LGBTQ students.

"PSBA provides policy guides to members of our service that address nondiscrimination, harassment and bullying, and other areas of student services and support; we do not have policy guide language that specifically addresses LGBTQIA students," said Mackenzie Arcuri, senior manager of media relations and strategy for the association.

"We encourage districts to work with their solicitor and consider laws like Title IX and the Pennsylvania Human Relations Act in working with LGBTQIA students and their families to meet the needs of individual students and provide all students with a safe and supportive school environment," Arcuri said.

When there is a policy

In Bucks County, the Pennsbury School District was the first to adopt a policy in 2016.

The 1,400-word Transgender and Gender Expansive Students policy says employees should respect a student’s gender identity “when it is determined to be a part of a student’s core identity.”

Students can attend health education classes, which match their gender identity. Students can use the bathroom associated with their gender identity. The policy states that locker room use by transgender students will be assessed on a “case by case basis” with the goal of ensuring comfort and safety.

“Any student, transgender or not, who has a need or desire for increased privacy, regardless of the underlying reason, should be provided with a reasonable alternative changing area such as the use of a private area," the policy states.

The policy also states that no one can discriminate against a person based on “gender identity of expression.” Pennsbury students also have the right to keep private their status as transgender or gender expansive.

Pennsbury students can also request a change of their first name on unofficial records.

“During my first year, I met with several students (and staff) who identify as LGBTQ+ to ensure they feel safe and comfortable in our schools,” said Superintendent Tom Smith. “Overall, they shared positive feedback regarding their experiences in Pennsbury — although we have room to grow.”

In 2017, the New Hope-Solebury School District instructed its superintendent to “ensure the safety, comfort and healthy development of gender-expansive and transgender students.”

On the district’s website, students can apply for a change in their first name on unofficial school records, including the academic roster, student ID, and school yearbook.

By board policy, all students can use restrooms and locker rooms that conform to their gender identity. If any student is uncomfortable in the locker rooms, the district will provide a private space for that student, the policy states.

That policy came after community requests and followed several community meetings, said Superintendent Charles Lentz.

“We have maintained an open dialogue with various student groups through our student equity committees and our district equity committees in order to make sure that we are continuing to be responsive to needs which are identified and as issues are brought to our attention we have worked to address the concerns,” Lentz said.

Adopted in 2018, Bristol’s policy states that any student “has the right to be addressed by the name and pronoun that conforms to the student’s gender identity” and all staff members must use the student’s requested name and pronouns.

Disregard for this name request is a violation of school policy.

In Bristol, students can attend health education courses and perform in sports that relate to their gender identity, under the policy.

Other school districts said they would work to meet the needs of all students.

"Pennridge does not have a board policy ... and one is not currently being considered," said Superintendent David Bolton. "In situations where we become aware that a student is considering a change to their name and/or pronouns, we fully support the student and family.  We help facilitate conversations and provide community resources to the families as they determine what is best in their particular situation.  We then honor the decision that is made by the student and their family."

Yet official guidelines would help educators navigate the complex nature of gender-expansive, transgender and non-binary students, said Bradbury.

“The biggest concern among teachers is supporting their students. How can I protect my student? Some students have families that do not support them, and they come to a teacher seeking help.”

How does Pennsylvania law affect LGBTQ students?

Currently, there are no laws in the state governing public school policy for transgender students.

When school districts become embroiled in debates over transgender issues, the arguments usually ride on established nondiscrimination law, such as Title IX or the Pennsylvania Human Relations Act.

“Public schools are prohibited from discriminating against students on the basis of gender and using a name or pronouns that does not match the student's gender identity — a practice known as 'deadnaming' — could be considered gender discrimination and, thus, illegal under federal law,” ACLU of Pennsylvania Director of Communications Andy Hoover wrote in a statement.

Chris Lillienthal, assistant director of communications for the Pennsylvania State Education Association, said he is unaware of a clear legal precedent on the issue.

Arcuri, of the school boards association, described it as an evolving situation and encouraged school districts to work with their solicitors to establish guidelines and policies.

There are, however, proposed pieces of legislation that could impact all districts, if passed.

One of the most prominent bills is the GOP-led HB 2813, referred to as the Parental Rights in Student Health Care Act.

Introduced in September and led by Rep. Stephanie Borowicz, R-Clinton/Centre, and 18 other Republicans, the bill would implement changes for the 2023-2024 school year.

It seeks to amend school policies to prevent teaching sexual or gender identity to students from kindergarten through fifth grade. It also seeks to inform parents or guardians of students in this age range if they have been administered a well-being questionnaire or health form and allow the caretakers to opt out if they do not want their child to participate.

It also prevents schools from withholding information about the student’s mental and physical health from the parent or legal guardian. It notifies parents to any changes the school is aware of as well as showing parents what health and mental services are offered by the school, allowing them to decline certain treatments for their children.

LGBTQ advocates have cautioned that not all students have acceptance and support in their homes, and alerting a parent in some cases can do more harm than good.

A similar piece of legislation was introduced by Republican Lancaster County Sens. Ryan Aument and Scott Martin. SB 1278 would prohibit sexual and gender identity teaching through fifth grade and mandates schools disclose all mental and physical health records to parents or guardians.

The bill was passed through the Appropriations and Education committees but has stagnated since the end of June.

There have been other similar “parental rights” bills that have come through the state in the past, including HB 1512, first introduced in 2015, which sought to protect “the liberty of a parent” over upbringing, education and childcare. Rep. Will Tallman, R-Adams, introduced the bill with 12 other sponsors, but it stagnated in August of that year.

Rep. James Cox, R-Berks/Lancaster, introduced HB 508 in 2019 with 16 others and nearly identical language to Tallman’s bill. It too stagnated.

Currently, there are no major statewide bills that seek to protect transgender students from being outed to their parents from the district, but there are other developing protections that have made major milestones in the conversation.

In July, a policy was established to prevent discrimination of gender identity in charter schools, recreation centers, day cares, sports leagues and after-school programs in Philadelphia.

The act requires youth programs to allow transgender and nonconforming minors to use names, pronouns, clothing and restrooms and be identified by their chosen gender identity. It requires staff to undergo training to sensitively manage the minors and prevents them from disclosing a youth’s transgender status to anyone without consent from the child.

The policy was passed unanimously by the city council and only affects Philadelphia. It has a religious exemption clause for parochial schools “as required by law.”

In the same month, Gov. Tom Wolf vetoed HB 972, the “Fairness in Women’s Sports Act,” a bill that sets strict parameters on the gender makeup of publicly funded higher education sports teams.

The bill would require that all publicly funded sports teams need to be designated as male, female or coed and prevents transgender students from participating in the programs.

The bill passed the state General Assembly before being vetoed on July 8.

“The fact that this bill passed through Pennsylvania’s Republican-led General Assembly solely to bully and oppress vulnerable children is atrocious,” Wolf wrote in a statement. “These members should be ashamed of themselves for proposing and voting on policies that are ​discriminatory, unnecessary, and incredibly harmful.”

In a statement, bill sponsors Barb Gleim, R-Cumberland, Martina White, R-Philadelphia, Valerie Gaydos, R-Allegheny, Stephanie Borowicz, R-Clinton/Centre and Dawn Keefer, R-York, criticized Wolf's veto, noting the significance of the bill passing the House and Senate: "Unfortunately, and predictably, Gov. Tom Wolf vetoed the bill, making it clear what we knew all along — he does not support women and their opportunity to compete on a level playing field. He does not support Title IX and the important advances women have made in scholastic athletics in the last 50 years.”

One piece of legislation that could become significant is a clause in Pennsylvania’s Consolidated State Every Student Succeeds Act. The ESSA, enacted by former President Barack Obama in 2015, seeks to ensure accommodations and resources for students across different cultural and social backgrounds and needs.

The most recent version of the act online outlines the need for safety in schools for all students, including those of any gender identity.

“Pennsylvania’s schools should be safe havens where all students – regardless of their race, color, religion, ancestry, gender, gender expression or identity, sexual orientation, national origin, or ability – feel safe, respected, and welcomed,” the act reads.

Although not federal or state law, it presents a guideline for how schools are to set policies and provide resources for students of all backgrounds.

This article originally appeared on Bucks County Courier Times: PA schools risk safety, lawsuits without LGBTQ policies