Administrative Procedure 398: Gender Identity: Accommodation of Persons Who Identify as Transgender (Staff and Students)

The Canadian Charter of Rights and Freedoms: Section 15; Ontario Human Rights Code; Municipal Freedom of Information and Protection of Privacy Act; Child & Family Services Act; Young Offenders Act; Family Law Reform Act

 

Administrative Procedure (AP) 103 Management of Personal Information - Student; AP138 Positive Workplace Environment; AP141 Equity and Inclusive Education; AP195 Freedom of Information and Protection of Privacy; AP351 Code of Conduct; AP352 Progressive Discipline and Promoting Positive Student Behaviour; AP370 Ontario Student Record; AP378 Reporting and Responding to Hate-Based/Biased Incidents Impacting or Involving Students of the AMDSB; AP403 Confidentiality of Medical Records; Bill 13 Accepting Schools Act; Ministry of Education Policy/Program Memorandum 114; Ontario’s Education Equity Action Plan – Ministry of Education; Ontario Student Record (OSR) Guideline – Ministry of Education; A Guide to Privacy and Access to Information in Schools; Form 398A Student Request for Accommodation; Form 398B Staff Request for Accommodation

Transgender is an umbrella term referring to a person whose gender identity is different from the sex they were assigned at birth. See Appendix A: Terms and Definitions.

1.0 Director of Education’s Procedure Statement
The Ontario Human Rights Code provides equal rights, opportunities, and freedom from discrimination for all persons. This administrative procedure explains Avon Maitland’s practices regarding gender identity and expression-based accommodation. “Ontario’s Accepting Schools Act amended the Education Act to provide explicit protection for students from bullying because of gender identity and gender expression, among other grounds. The legislation requires school boards to develop and implement equity and inclusive education policies that address all forms of discrimination and harassment based on the Ontario Human Rights Code protected grounds, including gender identity and gender expression.”

Policy on Preventing Discrimination Because of Gender Identity and Gender Expression (2014).

2.0 Procedure Statement
The goal of this procedure is:

3.0 Roles and Responsibilities
The school board and families are in partnership to ensure the well-being and development of children. Well-being is optimal when children feel safe and supported to express their lived identities. The school board also holds responsibility for the well-being of all staff. The school board supports staff members to express their lived identities.

3.1 Parent(s) / Guardian(s) / Caregiver(s)
As the primary caregiver(s) of their child, a student’s parent(s)/ guardian(s)/caregiver(s) support their child’s growth and development. This development will involve exploring who they are as individuals and how they choose to express their identity to others.

3.2 Students Who Identify as Transgender – Areas of Accommodation
A student may receive accommodation in the following areas, but is not limited to:

Student identity accommodation plans are formalized by the student by submitting Form 398A: Student Identity Accommodation Plan to the school principal. Following the submission of the plan, the student(s) should expect a meeting with the principal to discuss the response to the accommodation plan.

3.3 Staff Who Identify as Transgender – Areas of Accommodation
A staff member may receive accommodation in the following areas, but is not limited to:

Staff identity accommodation plans are formalized by staff by meeting with a Human Resources representative, the Superintendent of Human Resource Services, or their designate, and by submitting Form 398B: Staff Identity Accommodation Plan. Following the submission of the plan, the staff should expect a meeting with the principal or supervisor to discuss the response to the accommodations plan.

3.4 School Staff
If accommodation requests are received directly by school staff, they are asked to support the student in making a formal request for accommodation (Form 398A: Student Request for Accommodation Form) or in speaking with the principal to discuss the procedures for accommodation requests. If the student does not want to make a formal request for accommodation, staff should ensure the student has been offered access to available supports (e.g., student services, health nurse, family support, mental health and wellness counsellor, etc.).

3.5 Principals and Supervisors
Principals and supervisors are required to follow this procedure and its related guidelines to support staff and/or students with gender identity accommodation requests. Students and staff members are encouraged to make accommodation requests in writing, and the request/form should be delivered to the Principal or Supervisor for review. Any one person who identifies as transgender is unique and presents with different needs; therefore, individualized response plans should be created. Accommodations may call on staff and families to collaborate to ensure the student or staff member is appropriately accommodated.

3.6 School Board
System staff will offer professional development based on culturally relevant, responsive, and sustaining pedagogy to ensure all AMDSB employees and volunteers have the awareness, skills, knowledge, and attitudes necessary to deliver an inclusive curriculum which includes anti-homophobia and anti-transphobia education. School leaders should support staff in connecting with the appropriate system staff member(s) (e.g., Senior staff, Human Rights and Equity Lead - System Administrator, etc.) to learn more or explore resources pertaining to gender identity.

4.0 Confidentiality and Privacy of Information
Please contact the Manager of the Enrollment and Information Department for assistance with managing student records as they pertain to gender identity.

All staff and students have the right to privacy, which includes their gender identity. Avon Maitland employees and volunteers must keep a person’s transgender status confidential. Staff must not disclose a staff member’s or student’s transgender status to others unless there is a specific ‘need to know’ as in cases where information would be required to fulfill a specific accommodation need. Note: Some students who identify as transgender have not shared their gender identity at home. A school shall not disclose a student’s gender status to the student’s parent(s)/guardian(s)/caregiver(s) without the student’s explicit prior consent. When a circumstance arises where it is deemed necessary or prudent to reveal the student’s gender identity, the principal will contact the School Superintendent for consultation, as it will be necessary to review the child’s rights to prioritize safety and ensure they are respected and honoured.

4.1 Ontario Student Record (Avon Maitland’s Administrative Procedure 370)
The confidentiality of information about individual students is maintained by adhering to Section 266 of the Education Act, the Ontario Student Record (OSR) Guideline, and A Guide to Privacy and Access to Information in Ontario Schools.

 

4.2 Ontario Student Record (Avon Maitland’s Administrative Procedure 370)

Provisions for the protection of confidentiality and the release of information regarding individual students are also governed by the Education Act, Child & Family Services Act, the Youth Criminal Justice Act, the Municipal Freedom of Information and Protection of Privacy Act, and the Family Law Reform Act. It is imperative that the requirements of each piece of legislation be respected and followed. Staff members should note that certain acts, regulations, and requirements of the Criminal Code and the Education Act require a careful balance when there are competing interests with regard to confidentiality and/or disclosing personal information. In such cases, staff members shall consult with the supervisory officer prior to releasing or refusing to release information.

National Resources	Provincial Resources
Egale Canada Human Rights Trust PFLAG Canada Trans Parent Canada	Rainbow Health Ontario Trans Lifeline Gender Creative Kids Trans Pulse Project Ontario Human Rights Commission LGBTQ Youthline

Print Resources
Wells, K., Roberts, G. and Alla, C. (2012). Supporting Transgender and Transexual Students in K-12 Schools: A guide for educators. Ottawa, ON: Canadian Teachers’ Federation
Policy on Preventing Discrimination because of Gender Identity and Gender Expression. Ontario Human Rights Commission (2014) www.ohrc.on.ca

Airton, Lee. (2018). Gender: Your Guide: A Gender-Friendly Primer on What to Know, What to Say, and What to Do in the New Gender Culture.

Cook, Maria (2019). Gender Identity: Beyond Pronouns and Bathrooms.

 

Appendix A - Terms and Definitions (please see pdf)

Appendix B - Summary of Accommodation Procedures Chart (please see pdf)

Appendix C - Guidelines for Accommodating Students (please see pdf)

Appendix D - Guidelines for Accommodating Staff (please see pdf)