Some parents have been wondering what the Appleton Area School District’s policies are surrounding transgender students. Earlier this year, on behalf of those parents, then Board of Education candidate Andrea Klitzke contacted AASD Chief Financial Officer and soon to be Superintendent Greg Hartjes with some questions.
During that exchange, Mr. Hartjes shared that AASD uses a document entitled “Legal Protections For Transgender Students” to guide how the District deals with transgender issues and stated, “These are not our policies, but rather federal law.”
The document itself is not federal law but was prepared by the National Education Association and seems to be the NEA’s recommended guidance in response to federal law and court rulings. The NEA is a labor union that represents teachers and other education professionals.
After reviewing the document, I had a number of questions about how this guidance was put into practice by AASD and the efforts AASD was taking to serve the needs of non-transgender students while staying within the bounds of the law. It was surprisingly difficult to get answers as to how this guidance plays out in practice. AASD has purposefully decided not to adopt an AASD-specific policy regarding transgender issues, with Superintendent Judy Baseman stating, “policy making in this area is inadvisable at present because this area of the law is changing so rapidly.”
It’s deeply unclear what, if any, training AASD staff has undergone regarding how to implement this transgender guidance. When I asked the high school and middle school principals “Have staff at your school received training regarding legal protections for transgender students?” I received no answer. Likewise, I received no answer when I asked Superintendent Baseman and the high school and middle school principals “What sort of guidance and training has AASD staff received regarding how to respond to students who are uncomfortable sharing private spaces with members of the opposite sex? Have staff members been instructed to be accepting and validating of a student’s desire for privacy in these types of situations?”
The District does not seem to be taking proactive steps to educate families on the shift that has happened regarding AASD’s bathroom and changing room norms or on what steps students can take if they prefer to not share private spaces with someone of the opposite sex. They declined to answer the questions, “Have you informed parents and guardians of AASD students that their children may have to share private, formerly sex-segregated spaces with people of the opposite sex? And have you provided them with information regarding the steps their students can take to maintain their privacy and safety under the sex-integrated policies implemented by the federal government?”
The basic details of how this policy works in practice seem very opaque as illustrated by the fact that I had to ask a couple times if there were private changing rooms and bathrooms available where a student would not come in contact with a member of the opposite sex before Superintendent Baseman finally responded, “we also make certain that any students that want access to a private restroom or privacy in group restrooms have that alternative available to them. We also make sure that any student that wishes to change clothes privately can do so, regardless of any issues related to gender or gender identity.”
Additionally, in reviewing the “Legal Protections For Transgender Students” document, it appeared to me that, although it was focused on transgender students, because the guidance forbad school officials from confirming or verifying a student’s gender, an end result of the policy would be that any student could use any bathroom they wanted regardless of whether that bathroom aligned with their claimed gender identity. Essentially, this guidance seems to allow not only transgender students to use the bathrooms and changing rooms for the opposite sex but also for non-transgender students to use the bathrooms and changing rooms for the opposite sex. Three times I asked if AASD interpreted the document the way I was interpreting it, and three times I received no answer.
[As with the City of Appleton Parks and Recreation’s unwritten transgender policy, I believe the issue here is not necessarily with the policy per se. The school district has a responsibility to follow the law. As I stated to Superintendent Baseman, “I recognize that these policies are set by the federal government and not the school district and that you have an obligation to follow the law. My questions have been regarding how you interpret federal requirements and whether the district intends to make clear to the public how you plan to carry out the federal rules.”
The problem lies in the lack of transparency and the apparent dearth of thought the Appleton Area School District administration has put into the implementation of these guidelines. The “Legal Protections For Transgender Students” document ought to be posted publicly on the District’s website along with all of their other policy documents. Staff members should be able to quickly and easily explain what kind of training they have received regarding handling the issues laid out in that document and what options are available for students who don’t want to share private spaces with members of the opposite sex. When a member of the public asks if a consequence of the policy is that non-transgender students now have access to opposite sex bathrooms and changing rooms, members of the administrative team should be able to give a clear “yes” or “no” along with a cogent explanation as to why that is. Instead, Superintendent Baseman simply declined to answer multiple questions regarding the policy, what the policy means, and the District’s actions in response to the policy.]
Below are the questions that were asked and the answers that were received. I’ve also included PDFs of the policy provided by Mr. Hartjes and the entirety of the email exchange.
Questions From Andrea Klitzke On Behalf Of Parents With Answers From Greg Hartjes
Question: I’m hearing from families that some teachers- particularly at the high school level, ask students for their pronouns at the beginning of the year?
Answer: We do not have a policy pertaining to staff asking students about their preferred pronoun.
Question: What’s the protocol if a student discloses a pronoun other than their biological one? Are parents informed? I know Oshkosh has a policy where they won’t disclose to parents.
Answer: We do not have a policy or any defined protocol for how to respond when a student asks to be called a different name than what is included in Infinite Campus. Our response to a request will depend on the age of the student, the school level, and any circumstances around the situation. Overall, we want to help students succeed, so decisions will be made to best meet the needs of our students. Situations could be handled differently based on these circumstances.
Question: Also, I’m hearing complaints of children identifying as “furries”. They basically identify as animals and require others to treat them as such. I specifically heard there may be one at north. Some districts have allowed students litter pans (serious). Is this something we do?
Answer: Interesting question…we checked with all of our secondary principals and there are absolutely no “furries” at any schools.
Question: Lastly, I have also heard that there are transgendered students, particularly at East HS changing in their non-biological gym locker room. Is that true?
Answer: Attached is a document that explains the legal protections for transgendered students. These are not our policies, but rather federal law.
First Email From All Things Appleton To AASD 03/13/2022 and Answers From Chief Financial Officer/Future Superintendent Hartjes 03/20/2022
Question: I was expecting something that looked more like a policy document and not a legal article. When does AASD plan to craft a policy document clearly delineating its procedures and expectations related to the issues in the “Legal Protections For Transgender Students” document—particularly as they relate to students utilizing bathrooms/changing facilities that are intended for members of the opposite sex and in regards to sports teams?
Answer: While the District has not adopted a policy regarding transgender students specifically, the District does have, and has had for many years, policies in place which serve to protect all students from discrimination and harassment. Our District and School policies can be found here: http://www.aasd.k12.wi.us/district/board_of_education/school_policies
Question: The document that was provided states, “It should be noted that the concerns that are often expressed in opposition to providing transgender people access to facilities consistent with their gender identity are ungrounded. The two primary objections are that such access ‘might lead to sexual assaults in bathrooms,’ and ‘that a non-transgender boy could come to the school in a dress and demand to use the girls’ restroom.'” Does AASD share the belief that those concerns are ungrounded?
Answer: No Answer
Question: What are AASD’s protocols to, while staying within the bounds of federal law, maintain the privacy and safety of female students when a male is using their restrooms and changing facilities?
Answer: All of our secondary locker rooms have private changing rooms/areas that can be used by any student without question. We expect that any individual using a restroom or locker room will respect the privacy of everyone else using that space and will conduct themselves in an appropriate manner. If not, they will be held accountable according to AASD discipline policy.
Question: What is AASD’s protocol for informing parents that their children may potentially have to share bathrooms and changing facilities with a member or members of the opposite sex?
Answer: No Answer
Question: I understand that for privacy reasons you probably can’t give me hard numbers, but could you please provide a ratio of the number of females utilizing male restroom and/or changing facilities as compared to the number of males utilizing female spaces at AASD?
Answer: No Answer
Second email to AASD (03/20/2022) and reiterated in email on 03/24/2022. Response From Superintendent Baseman on 03/25/2022
Question: Have you informed parents and guardians of AASD students that their children may have to share private, formerly sex-segregated spaces with people of the opposite sex? And have you provided them with information regarding the steps their students can take to maintain their privacy and safety under the sex-integrated policies implemented by the federal government?
Answer: No Answer
Question: Does the District have any plans to send out a letter and clearly delineate how bathroom and changing facilities are laid out and where females have to go to maintain their privacy?
Answer: No Answer
Question: You noted that you do not have a policy regarding transgender students specifically. When does the district plan to create one?
Answer: As a general matter, our courts have stated that transgender students can use the restroom of the gender with which they identify. However, policy making in this area is inadvisable at present because this area of the law is changing so rapidly, and because we continue to treat every student–including transgender students–as unique individuals whose individual plan should be developed with administration and parents whenever possible.
Third Email to AASD Sent On 03/27/2022 Answer Received From Superintendent Baseman on 04/08/2022 only after I contacted the principals of the three high schools and four middle schools
Question: My understanding, based on your email, is that AASD leadership has no plans to proactively inform parents that the bathrooms and changing facilities in the schools are now mixed-sex. Is that understanding correct?
Answer: No Answer
Question: The document Mr. Hartjes provided regarding legal protections for transgender students seems to indicate that school officials are not allowed to confirm or verify a student’s gender and must simply allow students to access whatever bathroom and changing facilities they want regardless of their sex or gender, which, in addition to allowing transgender students to utilize the facilities of their choice, would effectively give non-transgender students open access to whatever facilities they want to enter. Does AASD interpret the federal rules in the way I have interpreted them or do you interpret them differently?
Answer: No Answer
Question: You have indicated that there are private areas within changing rooms where students can dress and shower alone, but it sounds like students might still potentially come in contact with members of the opposite sex outside that private area but within the larger changing room. Likewise, in bathrooms, stalls obviously provide some degree of privacy, but they’re not totally contained, and some students might not be comfortable going to the bathroom in a stall next to a member of the opposite sex. The document Mr. Hartjes provided states that if a student complains about sharing facilities with a student of the opposite sex, “school officials could offer the complaining student an alternative restroom.” Do all AASD school buildings have alternative restrooms and changing rooms available for students who are uncomfortable sharing a bathroom or a larger changing room with members of the opposite sex?
Answer: We allow students to use the restroom of the gender that they identify with in those circumstances required by our courts; however, we also make certain that any students that want access to a private restroom or privacy in group restrooms have that alternative available to them. We also make sure that any student that wishes to change clothes privately can do so, regardless of any issues related to gender or gender identity.
Question: what sort of guidance and training has AASD staff received regarding how to respond to students who are uncomfortable sharing private spaces with members of the opposite sex? Have staff members been instructed to be accepting and validating of a student’s desire for privacy in these types of situations?
Answer: No Answer
As noted, I did not initially receive a response to my 03/27/2022 email so on 04/05/2022 I contacted the principals of the three high schools and the four middle schools and asked them the following questions…
Question: Have staff at your school received training regarding legal protections for transgender students?
Answer: No answer
Question: The document entitled “Legal Protections For Transgender Students” seems to indicate that school officials are not allowed to confirm or verify a student’s gender and must simply allow students access to whatever bathroom and changing facilities the students want regardless of their sex or gender, which in addition to allowing transgender students to utilize the facilities of their choice, would effectively give non-transgender students open access to whatever facilities they want to enter. Does AASD interpret the federal rules in the way I have interpreted them or do you interpret them differently?
Answer: No Answer
Question: If a student started using a bathroom or changing facility that did not align with their sex, would you inform the parents of the other students that their children are sharing that space with a member of the opposite sex?
Answer: No Answer
Question: The legal protections for transgender students document states that if a student complains about sharing facilities with a student of the opposite sex, “school officials could offer the complaining student an alternative restroom.” Does your school building have alternative restrooms and changing rooms available for students who are uncomfortable sharing a bathroom or a larger changing room with members of the opposite sex?
Answer: We allow students to use the restroom of the gender that they identify with in those circumstances required by our courts; however, we also make certain that any students that want access to a private restroom or privacy in group restrooms have that alternative available to them. We also make sure that any student that wishes to change clothes privately can do so, regardless of any issues related to gender or gender identity.
Question: what sort of guidance and training has the staff at your school received regarding how to respond to students who are uncomfortable sharing private spaces with members of the opposite sex? Have staff members been instructed to be accepting and validating of a student who expresses a desire to not share bathroom and changing facilities with a member of the opposite sex?
Answer: No Answer
Email sent on 04/17/2022 to AASD
Question: I wanted to give you [Superintendent Baseman] another opportunity to answer a question which I have asked several times and which has not yet been answered.
The document entitled “Legal Protections For Transgender Students” seems to indicate that school officials are not allowed to confirm or verify a student’s gender and must simply allow students access to whatever bathroom and changing facilities the students want regardless of their sex or gender, which in addition to allowing transgender students to utilize the facilities of their choice, would effectively give non-transgender students open access to whatever facilities they want to enter. Does AASD interpret the federal rules in the way I have interpreted them or do you interpret them differently?
Answer: No Answer
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