Protecting kids from bullies is reason given for Fort Worth transgender rules

The Fort Worth school district is one step ahead of President Obama’s directive that says public schools must allow transgender students access to bathrooms that are consistent with their gender identity —but with one glaring omission.

Fort Worth’s guidelines, which were signed off on in April by Superintendent Kent Scribner, do not include language that guarantees transgender students access to all bathrooms. A version of guidelines that included such language was reviewed by Fort Worth school board members in January and removed, said Michael Steinert, assistant superintendent of student support services for Fort Worth schools.

Instead, the guidelines offer protection for transgender and other students, assuring that they can use a restroom where they “must feel comfortable and safe.” That could include using a single stall restroom, a gender neutral restroom “or the opportunity to visit the facility when other students are not present,” according to the guidelines that were announced at an April 26 board meeting.

Steinert said Friday that, based on Obama’s directive, the school board and superintendent will consult with attorneys before deciding on how to proceed.

In the interim, “I can assure you that we will continue making the individualized student accommodations consistent with the guidelines we currently have in place,” Steinert said.

Much of what is dictated in Obama’s executive order, which is being sent to school districts on Friday, is already noted in Fort Worth’s guidelines, including that “the single-user restroom, however, must not be given as the only option for transgender students who need or desire increased privacy. ”

Fort Worth’s guidelines also note that a “reasonable accommodation” must be made for transgender students in regard to locker rooms, including: being assigned a student locker near staff or nurse’s office; using the private area within a locker room; or using a locker room when it is not in use by others.

Scribner, in an emailed statement, said: “As educators, our job is to provide a safe and nurturing learning environment so that our children can prepare for success in college, career and community leadership. Our guidelines seek parental and family involvement in any decision that could impact a student’s academic success. The bottom line is that our policy helps protect kids from bullying … nothing more, nothing less.”

Fort Worth’s guidelines were praised by Fort Worth’s LGBT community because they are an affirmation of transgender rights and give school officials a framework for handling such situations.

“What Fort Worth ISD did was something marvelous,” said David Mack Henderson, president of Fairness Fort Worth, an organization that promotes LGBT issues in school districts.

Although many people have shown support for Fort Worth’s stance, some elected officials and pro-family groups claim the district is creating a dangerous environment in which boys can use girls bathrooms. They say the guidelines violate the state education code. Complaints have been filed with the Texas Education Agency.

Lt. Gov. Dan Patrick has led the charge against Fort Worth, saying Scribner should resign over the matter.

“Campus safety should be of paramount concern for anyone in his position,” Patrick said earlier this week. “Every parent, especially those of young girls, should be outraged.”

After the president’s announcement on Thursday, Patrick said the Obama administration is “using the Fort Worth school district as their experiment in Texas.”

He called Scribner a “dictator” and said Fort Worth’s guidelines were essentially “a page right out of the president’s book.”

A work in progress

Fort Worth officials say they have been working to accommodate transgender students for more than 15 years.

In 2011, the Fort Worth school board added “gender identity and expression” to its the policy’s statement of nondiscrimination. In June 2012, the district added a gender-based harassment section to the policy after the Texas Association of School Boards issued some recommendations and suggested districts make changes as they see fit. Many school districts have a section on gender-based harassment in their policies.

Dallas, Austin and Houston have similar terms spelled out in “a statement of nondiscrimination” section.

The Student Welfare, Freedom From Discrimination, Harassment and Retaliation Policy (which is often referred to as FFH-Local ) was adopted in April 2014. That policy, which was approved by the board after two readings and opportunity for public comment, is essentially an evolving document that protects students against discrimination. It is updated and fine-tuned often, including the transgender guidelines that were enacted in April.

A quick survey of other North Texas school districts — done before Obama’s letter was sent — shows that they use similar approaches to Fort Worth when assisting transgender students, though it isn’t always written into policy.

“Every school district and community that has transgender kids has been doing what we have been doing,” Steinert said. “That resolution works out for everybody.”

What other districts are doing

Arlington school district: Arlington does not have specific guidelines for transgender students because the needs of all students are handled on a case-by-case basis, officials said. It does have a non-discrimination policy that includes a gender-based harassment section.

“The AISD’s policies address and accommodate the needs of all students. There are no specific guidelines for transgender students because our policies allow the flexibility to ensure we meet the academic and social needs of every student,” the district said in a statement.

Asked if a transgender student can use the restroom of the sex he or she identifies with, the district responded: “The needs of all students can be handled on a case-by-case basis.”

Birdville school district: The district doesn’t have transgender guidelines for restrooms. However, it has unisex restrooms available for students and staff. There are no plans to change that practice. Policies are in place to protect how all staff and students are treated, according to the district.

“When a student raises a concern or need, BISD works directly with individual students and their families to address their concerns or needs,” the district said in a statement.

Carroll school district: The district doesn’t have specific guidelines for transgender students, said Julie Thannum, assistant superintendent for board and community relations. The district has non-discrimination policies to protect all students, she said.

“We don’t have separate guidelines specifically for transgender students. At our campuses we have restroom facilities for male and female and in most cases additional unisex facilities for adults or student use as needed,” Thannum said.

Eagle Mountain-Saginaw district: “We work with students and their parents to identify solutions within our educational settings that meet their individual needs, while being considerate of the well-being of all students. We are committed to providing a physically and emotionally safe environment that promotes learning for all students. Our policies prohibit discrimination to any person for any reason prohibited by law,” the district said in a statement.

Grapevine-Colleyville school district: The district didn’t say whether it has transgender restroom guidelines. Instead, it pointed to its anti-discrimination policy, which was adopted in April 2012.

“Any complaints of discrimination, harassment, and retaliation are handled on a case-by-case basis,” the district said in a statement.

Hurst-Euless-Bedford school district: The district doesn’t include transgender restroom guidelines in its anti-discrimination policies, but it does prohibit gender-based harassment.

“HEB ISD cares about the needs of all students, and will work with the student and parent on an individual basis to determine acceptable options for the student to have privacy by utilizing single-use restrooms with the well-being of all students in mind,” the district said in a statement to the Star-Telegram.

Keller school district: Keller has a non-discrimination policy that includes a gender-based harassment section similar to Arlington and H-E-B schools, but it does not have guidelines for the use of restrooms or locker rooms for transgender students, said Bryce Nieman, communications coordinator.

In August, Superintendent Randy Reid tabled plans to add language to the policy that would add protection for lesbian, gay, bisexual and transgender students and staff after officials were barraged by concerns and complaints.

One board member said making the suggested policy change would force the school district to add restrooms for transgender students.

Northwest school district: The district said protections for transgender students fall under its anti-discrimination policy.

“The district does not have any specific bathroom or locker room guidelines for transgender students. The district complies with state and federal laws and adheres to guidelines set by UIL. Student circumstances, in general, are addressed at the campus level on a case-by-case basis as they arise between the campus and parent/guardian. Every decision made is done in the best interest of all students,” according to a district statement.

Staff writer Sandra Engelland contributed to this report, which includes material from the Star-Telegram archives.

This story was originally published May 13, 2016 at 12:00 PM with the headline "Protecting kids from bullies is reason given for Fort Worth transgender rules."