Report: Many NY Schools Fail to Protect Transgender Students

Across New York State, many transgender and gender non-conforming students endure persistent harassment at school, leaving them feeling afraid and overwhelmed. And sometimes it causes them to leave school altogether, according to a report by the New York Civil Liberties Union. 

The schools' failure to protect students is a violation of the Dignity Act, a state provision which prohibits discrimination based on gender identity, gender expression and sexual orientation, Lauren Frederico, lead author of the report, said on Wednesday. She said it is the obligation of education officials to provide schools with guidance on how to comply with the law, something officials have not done.  

“The rights of transgender and gender non-conforming students remains largely misunderstood by educators and administrators," said Frederico. "Even the most well-intentioned principals and superintendents are often at a complete loss.”

The state has materials about the Dignity Act for districts on its website, but the current resources do not specifically address how to support transgender students. State education officials said that will soon change.

“The most important thing we must do is keep every student safe," said Dennis Tompkins, a spokesman for the education department. "To help ensure that safety, the New York State Education Department is developing a guidance document for districts to foster educational environments that are safe, and free from discrimination for all students, specifically transgender and gender nonconforming students."

New York City released its own guidelines on transgender students last year.

The problem of gender-based harassment is hard to put in context because the number of transgender or gender non-conforming students remains unknown. But of the harassment incidents reported by schools across the state, about 19 percent were attributed to gender, gender expression or sexual orientation, according to the report. 

Incidents are generally considered to be under-reported, said Frederico, plus only two-thirds of schools in the state actually submitted data on harassment — reporting that is also required under the Dignity Act.

While the report noted that some transgender students had positive experiences at school, others did not. And still others turned to the New York Civil Liberties Union for help.

The report highlighted the case of six-year-old Jessie (a pseudonym), a New York City student who identified as a girl but was gender non-conforming, in that she preferred to wear boy clothing and play with boys. Her mother reported that classmates at Jessie's public school taunted Jessie on her appearance and ultimately physically assaulted her by pulling her hair, knocking over her lunch tray and hitting her repeatedly.

Jessie's mom said the school failed to adequately address the bullying or report it.

Locke, 18, has identified as a transgender boy in his community in upstate New York since he was about 14. He said the school did not allow him to use the male bathroom and certain teachers refused to use his preferred name and pronoun.

Consistent disregard for these preferences is prohibited under the Dignity Act.