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What are my rights?
What are your student's gender confidentiality rights?
According to the MMSD Guidance & Policies to Support Transgender, Nonbinary and Gender-Expansive Youth, staff members should keep a student's gender confidential unless the student otherwise consents or the staff member is legally or contractually bound to share. Basically, if you do not want your gender shared to others, you can request to do have a staff member respect your gender confidentiality. There are a few secenarios in which a staff member may have to break confidentiality, such as if a parent/guardian directly asks the staff member or the student is at risk.
In short:
!. Staff members must respect your student's decision to not have them the student's gender.
2. There ARE some exceptions, such as if the student is at risk or if a parent/guardian directly asks the staff member to reveal their child's gender gender
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Why Do We Need Gender Confidentiality?
1.
Safety concerns: many trans/gender-expansive youth are exposed to harm, both verbal and physical. Gender confideniality protects students from abuse from community members.
2.
Human dignity: outing others has been a form of stripping LGBTQ+ individuals of their humanity. By respecting an individual's decision to not disclose their gender, you are demonstrating the umptmost support and trust.
3.
Sense of self: gender is confusing! Gender confidentiality gives individuals time to explore their gender identity without any outside pressure or sense of obligation.
4.
Universal transphobia: we live in a transphobic world and gender confidentiality gives trans/gender-expansive individuals the time they may need to prepare for that bigotry. Outing someone opens that door for them which can lead to excrutiating dysphoria and depression. Please, let others come out when they are ready to allow them that needed inner-strength to face the bigotry.
5.
Other positive ways to support a closeted youth: There are many ways to support closeted youth without outing them. Sending a loved one a list of trusted resources can give them the opportunity to reach out to adults who will support and them. School GSA advisors are great people to help support youth who are struggling with their gender and/or sexuality.
What is under scrutiny?
The Wisconsin Institute for Law & Liberty (WILL) is challenging the clause " All staff correspondence and communication to families in regard to students shall reflect the name and gender documented in Infinite Campus unless the student has specifically given permission to do otherwise. (This might involve using the student’s affirmed name and pronouns in the school setting, and their legal name and pronouns with family)." WILL's challenge calls this guidance "actively lying" to families.
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MMSD has affirmed its support for the trans/gender-expansive community, saying it will stand by this guidance.