Fort Worth’s new transgender guidelines ensure parents are involved

Saying “we listened, we learned,” Fort Worth school district Superintendent Kent Scribner released revised transgender guidelines Wednesday that deal with each student on a “case-by-case basis.”

The new guidelines are “much more concise and clear and fit the context of Fort Worth, Texas,” Scribner said in an interview with the Star-Telegram’s editorial board.

The changes came after six town hall forums and five committee meetings to discuss the guidelines.

“We met with students and teachers, pastors and parents,” Scribner said.

Scribner said the “essence of the guidelines” remained the same in that they provide protection for transgender students — all students — including when going to the restroom.

The guidelines are contained in two pages. Guidelines that were announced in April, which put Fort Worth at the center of the LGBT rights debate, were eight pages.

The biggest change deals with the inclusion of parents in making decisions, which became a point of legal concern at the state level.

In the first set of guidelines, it was noted that “transitioning is a very private matter” and that “students may choose whether or not to have their parents participate in the process. In fact, notifying a parent or guardian carries risks for the students in some cases.”

In June, Texas Attorney General Ken Paxton issued an opinion, stating that the Fort Worth guidelines could violate state laws if educators withhold information from parents.

“… the Education Code provides that parents must have access to all written records of a school district concerning their child, as well as full information regarding the child’s school activities,” the opinion states. “Attempts to encourage a child to withhold information from his or her parents may be grounds for discipline.”

On Wednesday, Paxton said the changes mirror his opinion.

“I applaud the Fort Worth Independent School District for revising its guideline to ensure it complies with state law,” Paxton said in a statement.

School district officials said the guidelines did not violate state law but acknowledged that they needed to be revised to be more welcoming to parents and involve them in the decision-making process.

“The revised guidelines ensure that parents, guardians and others share in the charge to protect our kids,” Scribner said.

Highlights, according to a news release, include:

▪ School personnel will now consider the needs of transgender students and their families on a case-by-case basis.

▪ Campus educators will engage parents and work collaboratively with them.

▪ All parties will develop an individualized support plan for the student.

Critics claim victory in revisions

David Mack Henderson, co-founder and president at Fairness Fort Worth, said he has been assured by Scribner that principals will be trained to be able to address the needs of transgender students.

“The whole point here is that we don’t all fit into a binary box, and we have to open and perhaps expand that box to make room for all children to learn,” Henderson said.

Henderson, who helps LGTB students and families work with school districts, said “few transgender children first approach an adult with a fully-formed self-awareness.”

Trained counselors can best help students be able to advocate for themselves, he said.

“This is a living document that will breathe over time as we gain more experience,” Henderson said. “I suspect the best educators for us all are the very children who will teach us what it means to live authentically and proud.”

Critics who had been vocal about the first set of guidelines applauded the changes.

“This is a victory for the rule of law, common sense, and the people who stand for Fort Worth,” said Zeb Pent, spokesman for Stand for Fort Worth, a group that opposed what it called a lack of transparency in adopting the guidelines. “We are grateful Superintendent Scribner reversed and repealed his illegal transgender directive.”

Jonathan Saenz, president of the Austin-based Texas Values, also called the new guidelines a victory.

“… Fort Worth ISD’s dramatic retreat on its bathroom policy should send a message to all Texas school districts — you don’t mess with parents rights and safety in Texas public schools,” Saenz said.

The restroom debate

The first set of guidelines did not include language that guarantees transgender students access to all restrooms, but offered 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.

The new guidelines state: “If a restroom or related facility accommodation is requested, the campus administrator should meet with the student” and his/her parents or guardians “to discuss the student’s request for access to restrooms, locker rooms or changing facilities. Each accommodation request will be reviewed and addressed on a case-by-case basis based upon the particular circumstances of the individual students and school facilities.”

“Going to the bathroom is an individual sport,” Scribner said.

While the first set of guidelines was embraced by Fort Worth’s LGBT community, some elected officials and pro-family groups said the rules created a dangerous environment in which male predators could walk into a girls’ bathroom.

Lt. Gov. Dan Patrick called Scribner a “dictator” and said he should resign.

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

The restroom issue emerged as vessel of misinformation.

Never, Scribner said, have the guidelines mandated that a transgender boy could go into a girls restroom.

Instead, he said “they mandate that a boy doesn’t have to go into a boys restroom.”

On Wednesday, Patrick indicated that he was pleased with the changes.

“... This change brings FWISD in line with parents’ rights detailed under current law and requires administrators to resolve these issues on a case-by-case basis, as they have been,” he said in a statement. “We will continue to closely monitor this issue moving forward.”

‘Time to resolve the issue’

After President Obama issued a directive on transgender rights in May, which were more stringent than Fort Worth’s, the school district began hosting community forums to collect input.

Hundreds of comments were recorded and meetings were held.

“Our focus from the beginning has been the safety of all children and that, overwhelmingly, was the concern we heard from our parents and others,” Scribner said.

Pent, members of Stand for Fort Worth and other critics said the initial guidelines should have been discussed at a board meeting before being adopted.

School board president Jacinto Ramos said that while trustees vote on policy, it isn’t school board process for trustees to vote on guidelines. He said the guidelines are an administrative duty.

“That has been a huge confusion within the community,” Ramos said.

Pent said that, while pleased with the new guidelines, Stand for Fort Worth is disappointed that the board didn’t hold Scribner more accountable.

“We look forward to preventing this abuse of authority in the future by electing new trustees next May who will Stand for Fort Worth,” he said in his statement.

Even as the discussions were being held to adjust the guidelines, its opponents and supporters continued to attend at Fort Worth school board meetings, including on Tuesday, when 24 people signed up to speak.

Estrus Tucker urged school leaders to put the LGBT debate behind them and focus on the education of all children.

“It is time to resolve this issue,” he said.

Scribner agreed.

“My greatest desire is to put this issue to bed so we can get back to the business of improving outcomes and focusing on improving outcomes for students in reading, writing, math and improving our outcomes around college and career preparedness,” Scribner said.

Managing editor Lee Williams contributed to this report, which includes material from the Star-Telegram archives.

This story was originally published July 20, 2016 at 10:46 AM with the headline "Fort Worth’s new transgender guidelines ensure parents are involved."