Protections For Transgender Kids Still Spotty Inside Schools
It’s been three years since the Hawaii Department of Education issued guidance around transgender student protections. But how widely have those policies been implemented in the schools?
Every morning, a ritual takes place at the registrar’s office on the windward side of Oahu. It鈥檚 a small but vital action, since it could make the difference between peace of mind and debilitating anxiety for one 16-year-old junior.
The school registrar pulls out the student roster, manually whites-out the legal name of the student and writes in his preferred name. This is performed daily to prevent a potential substitute teacher from inadvertently calling out the student鈥檚 legal name during roll call.
鈥淎ll my classmates know me as Johnathan,鈥 says Johnathan Goodwin, who transitioned from female to male in intermediate school. 鈥淚f (a sub) called out (my birth-given name), which has happened, it鈥檚 a very anxiety-inducing situation.鈥
That step is just one way in which Kalaheo High, a public school in Kailua that has a large military student population, signals its willingness to be inclusive of all its students 鈥斅爄ncluding its most vulnerable who identify as LGBT.
A recent study on transgender youth released by the Hawaii Department of Health unearthed sobering statistics about the students in this community, including a higher prevalence of bullying, depression, dropping out of school and attempts at suicide than their peers overall.
The report lands two years after the state Department of Education adopted around protections for transgender students 鈥斅爌olicies which transgender advocates say are robust but remain spottily applied.
鈥淚t was very impactful 鈥 we thought we won that day (in 2016 when the guidelines were adopted),鈥 said Cathy Kapua, transgender service coordinator at . 鈥淏ut there was little follow-up.鈥
Today, protections for transgender students in Hawaii鈥檚 public schools are uneven, according to advocates in this area, leaving it up to each school leader to set the tone.
鈥淭here鈥檚 a lot of things schools can do to make students more comfortable, but it鈥檚 totally principal-dependent,鈥 said Renee Rumler, clinical director at , a nonprofit health care clinic in Honolulu that focuses on LGBT issues.
One of the main areas that still need attention, according to some advocates, is anti-bias training for staff that goes deeper than just a recitation of the DOE guidelines. This includes familiarity with what constitutes bullying and harassment against this community, best practices and guidance on how to handle student confidentiality concerns when they don’t have the support of their parents.
The Hawaii DOE’s has held training聽sessions with administrators across the state that covers behaviors and outcomes transgender youth are most at risk for; what state and federal laws say; and requirements under Hawaii’s own guidelines, according to DOE spokeswoman Nanea Kalani. Training is also available to individual schools upon request, she said in an email.
“Schools can always call CRCB for guidance on specific situations or for additional training,” she added.
Hawaii has in the United States, according to the聽聽which focuses on sexual identity and gender identity issues at UCLA’s law school. A little more than 3 percent of public high school students 鈥斅燼bout 1,260 鈥斅爄dentify as transgender, with Native Hawaiian, Filipino and Caucasian students each making up a quarter of the transgender student population here.
The Aloha State has taken considerable strides in giving attention to the issue of non-gender conformity, including with the 2016 DOE student guidelines. This past session, the Hawaii Legislature passed a state corollary to Title IX, the law banning discrimination on basis of sex, sexual orientation or gender identity in any educational program that receives federal funding.
Some say underscoring Hawaii’s commitment to these protections is needed in light of proposed rollbacks considered by the Trump administration. Those include聽聽allowing transgender students to use bathrooms that align with their gender identity;聽 transgender youth from serving in the military; and, most recently, as immutable and “fixed” at birth.
Hawaii is a leader when it comes to offering protections for LGBT people, which is why the proposals being floated at the federal level 鈥渟ow confusion about which rules apply and where and whether or not trans and other gender and sexual minorities deserve protection at all,鈥 said Dean Hamer, an independent filmmaker and LGBT advocate.
鈥淭his is why it鈥檚 imperative that the Hawaii guidelines be firmly articulated and implemented throughout the DOE system,鈥 he added.
Use Of Restrooms A Common Problem
Goodwin, born and raised on Oahu to parents originally from New Zealand and Canada, is like any other teenager, with hopes, fears and dreams for the future. He also possesses an inordinate amount of self-awareness for his young age, perhaps owing to his deeply personal experience with self-identity growing up.
Four days a week after school, Goodwin travels via bus for an hour each way to work as a receptionist at The Lavender Center. He is also its 鈥淭ransTeen Ambassador,鈥 a role where he helps educate people of all career fields and backgrounds about the community by sharing his experience as a transgender teen to attorneys at Kapolei Judiciary Complex and active and former military personnel at Tripler Army Medical Center.
The 16-year-old was born as a female but identifies as male, and has been taking hormone replacement therapy for the past two years to advance the physical transition.
鈥淢y school has been absolutely wonderful in my transition. It鈥檚 been the most supportive school,鈥 he said of Kalaheo High.
But based on his conversations with other transgender students around Hawaii, the same can鈥檛 be said of many other schools.
A common problem is the issue of restrooms, he said. While the DOE鈥檚 2016 guidelines explicitly permit a preferred use of restrooms by transgender teens, Goodwin has heard of transgender males and transgender females getting bullied or harassed when trying to use their preferred bathroom of choice.
鈥淚t鈥檚 pretty common for LGBT youth or especially for transgender youth to end up getting UTIs just from not being able to use the restroom at school,鈥 he said. 鈥淚t鈥檚 really common. It鈥檚 horribly common.鈥
Another issue is the practice by some school Reserve Officers鈥 Training Corps, or ROTC programs, to impose 鈥済endered uniforms鈥 鈥 that is different uniforms for boys and girls, with reprimands issued to students who don鈥檛 conform to the clothing which matches their birth gender.
The accommodation for students鈥 preferred names remains one of the most central concerns for transgender teens 鈥 and among the easiest for schools to address, he said.
鈥淎 common misconception is that schools will argue, ‘we can鈥檛 use a preferred name, we can鈥檛 put it on your ID card, because it鈥檚 not your legal name.’ Legally, schools can put your preferred name down as long as it stays within the school system and doesn鈥檛 leave,鈥 he noted.
This could mean something as straightforward as assuring graduating seniors their preferred names will be read aloud when they “walk” across stage 鈥斅爓ithout them having to undergo the anxiety of reminding administrators ahead of time.
鈥淚t鈥檚 such a milestone to go through graduation, but to go up and have your wrong name called out 鈥 it鈥檚 pretty devastating,鈥 Goodwin said.
Currently, Hawaii’s public schools lack the ability to denote a student’s preferred name in the statewide record-keeping software program known as “Infinite Campus.” McKinley High Registrar and vice president of the Hawaii State Teachers Association Osa Tui raised the point at a recent Board of Education meeting. Board member Pat Bergin, a former DOE teacher and administrator, nodded and conceded the process of updating the system is “overwhelming.”
Other schools like Farrington High 鈥 distinguished in the community for graduating , a well-known author, speaker and transgender advocate 鈥斅爃ave been ahead of the curve when it comes to acknowledging transgender youths.
The Kalihi high school has installed a unisex bathroom for at least the past five years, and despite the divided colors of graduation gowns for seniors (boys wear maroon and girls wear white), the school doesn鈥檛 raise a stink if a teen expresses a certain preference.
鈥淚f a transgender youth 鈥斅爁rom boy to girl 鈥斅爓ants to use a white gown, we don鈥檛 make a big deal out of it,鈥 said Farrington principal Al Carganilla.
Need For Greater Training
Rumler, the clinical director at The Lavender Center, recalls the approval of the 2016 DOE guidelines. It鈥檚 clear in her mind because the clinic was asked to provide training to central administrative staff in the Hawaii education department on LGBT issues.
Following the presentation, she expected there to be further engagement from the DOE.
鈥(After the presentation), they said ‘great, we鈥檒l contact you with a follow up.’鈥 Rumler paused. 鈥淐rickets. I never heard back from them.鈥
In the three years since the guidelines were handed down, the situation around LGBT bullying has remained at status quo, she said.
鈥淚鈥檓 not sure if (a lack of adequate training) has made anything worse, but it has not made anything better,鈥 she said. 鈥淥ur hope (with such training) was that the subtle ways of bullying 鈥 the bullying outside the school 鈥 would then have an effective way to be addressed.”
She noted that the suicide attempt rate among transgender individuals alone warrants much more proactive measures: nationally, 1 in 2 transgender or gender non-conforming people will attempt suicide, compared with 4.6 percent of the overall U.S. population, .
The need for greater training was recently articulated in ahead of its Sept. 6 meeting by Robert Bidwell, a pediatrician and adolescent medicine physician in Hawaii.
During more than three decades of clinical practice in Hawaii, he wrote, he’s observed that kids facing gender identity and gender expression issues 鈥渁re among the most likely to experience discrimination, bullying and harassment in our schools.鈥
Bidwell added that a statement from a 1992 report to the Legislature by the Hawaii Gay and Lesbian Teen Task Force indicating Hawaii鈥檚 schools are 鈥渄angerous places for youths鈥 who are LGBT, with teachers ignoring the behavior or even participating in it, is 鈥渁s true today as it was 26 years ago.鈥
As the state education department tackles bullying by focusing on revisions of student misconduct guidelines, advocates say more needs to be done on a statewide level.
“Any prevention you do has huge payoffs in reducing trauma, reducing negative impact on individual students,” Rumler said. “We know that education and awareness are part of that reducing of fear, that fear of ‘the other.'”
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