A coalition of LGBTQ+ organizations, educators, and human rights organizations is urging the general public to reject “discriminatory” new rules for how transgender kids should be treated in schools.
Educators and LGBTQ+ organizations that work with trans children have condemned the “voice of brutality and hatred for children and educators throughout” the guidance, which would see trans, non-binary, and gender-questioned pupils ‘outed’ to parents or carers, among other “dangerous” measures. Monday, the public consultation on the ideas will close.
The Department for Education’s guidance, according to them, “purposefully obscures” the most pressing issues facing young transgender people, including a lack of access to healthcare, bias and bullying in schools, and, in addition, mental health concerns.
LGBTQ+ organizations have made a statement to transgender students, their friends, teachers, and carers to be assured that the guidance does not alter the constitutional protections that the Equality Act 2010 has already provided to trans children.
The organization Gendered Intelligence, which supports transgender children, said, “You can still have, and you still deserve, a happy, fulfilling, and supportive school experience. Your teachers, friends, or your family are not in any position to oppose the guidance.
One teacher told openDemocracy, “I have no doubt that thousands of education workers across the country will continue to build safe and equitable classrooms that fully support our trans and non-binary students.”
What is stated in the guidance?
The guidance, which was first made available in 2018, includes suggestions for English-language schools and colleges that claim to “help them make decisions” regarding trans children in their care.
A suggestion that schools should inform families or carers when kids come out as transgender, non-binary, or gender-questioned is included in its pages, effectively “outing” them to their families. The guidance also mentions that schools do not need to accept a person’s choice to change their name, pronouns, and attire, and that children should not be able to do so without the parents’ “fully consulted” consent.
According to the guidance, “It is anticipated that there will be very few instances in which a school or college will be able to accept a change of pronouns.” “On these rare occasions, no teacher or instructor should be compelled to use these preferred pronouns.”
Schools and colleges may “use all other options,” such as using first names, to avoid having other people use desired pronouns.
What makes it perceived as a threat?
Campaigners told openDemocracy that the advice is a purposeful diversion from the real issues facing transgender children. “The national dialogue is made up of countless soundbites about pronoun usage and participation in sports,” Neha, a teacher in London, who asked us not to use her surname to protect her students.
“The most pressing and significant issues that transgender children are facing are the lack of access to healthcare, discrimination and bullying in schools and on the streets, a rise in sexual violence and abuse at school, and soaring rates of mental illness, self-harm, and death.
“There is no denying that this guidance will encourage transphobia, stifle education, and make trans young people even more unlikely to attend school,” according to her.
The guidance, according to Tammy Hymas, campaign manager for the trans youth charity Mermaids, “seeks to undermine decades of work making schools accepting of difference and actively encourages discriminatory practices.”
According to research conducted by the LGBT+ anti-abuse charity Galop, 43% of transgender and non-binary people surveyed had experienced abuse from family members, and the majority believed their identity was the key or a contributing factor. A family member’s alleged “conversion practices” were experienced by 5% of LGBTQ+ people to try to change, “cure” or suppress their sexual orientation or gender identity, according to the guidance.
The guidance notes that it is “rare” for a child to be “outed” to families or carers because they are “rare” for them to be at risk of major harm. The organization discovered that the majority of the abusers of LGBTQ+ people are their parents, which is wrong, according to a statement Galop in a statement opposing the guidance.
Some students “would be subject to abuse or violence with no one to whom to properly turn to for support,” according to Amy Roch, Galop’s CEO, according to openDemocracy.
The proposals to “out” trans children to their families were likewise condemned by Gendered Intelligence: “Students with questions or concerns about gender identity or gender must have the opportunity to explore this with their educators in a safe, informed, and, above all else, outcome-neutral environment.
The Department for Education “helps no one” by making educators press teachers to disrespect transgender students in front of their peers by refusing to acknowledge their gender explorations or change their names or pronouns.
Does the regulation been put into effect?
According to leaked legal advice obtained by Schools Week, the
guidance is non-statutory, adding that following it, schools and colleges choosing to pursue it could actually be putting themselves at risk of legal actions.
There is a “high risk” of successful cases against the department and institutions that implement its recommendations, according to the Department for Education’s own professionals’ concerns that some elements of the guidance would not stand up to legal challenge.
Schools Week was informed of the guidance’s legality, which “employers should follow prudence, parental involvement, and placing a premium on safeguarding at all times,” according to a government spokesman.
The National Education Union (NEU) has also expressed concern that the guidance might make it more difficult for schools to fulfill their responsibilities under the Equality Act 2010.
“There is a professional and social obligation to support young trans and gender-questioning students in training,” according to an NEU source on supporting trans and gender-questioning students. Anyone who has a protected characteristic is not subject to discrimination under the Equality Act 2010. Trans individuals are protected by the law when they choose to use a new name, put on new clothes, or request a new pronoun.
Transgender children can still be supported in classrooms.
LGBTQ+ organizations have made moves to comfort transgender students, their teachers, caregivers, and classmates that the draft ideas are not required for schools to follow. According to Gendered Intelligence, this guidance does not alter any of the rights and protections that trans students currently have under the Equality Act, including equitable access to facilities and activities.
The team continued, addressing trans children, “Do not lose hope,” noting that “it is non-statutory. This guidance may be stressful and difficult for some. This implies that it does not alter the legal protections and rights you are entitled to, and it does not prevent your friends, teachers, or members of your family from supporting you.
Schools can also aid their transgender students. Families and carers who want to support their transgender children can also work with schools.
“Please be assured that the LGBT+ donation sector is currently working together to fight any efforts to weaken the freedoms of young trans people,” Galop told trans communities and allies.
The Department for Education did not respond to openDemocracy’s request for comment.
Members of the Supportive Schools campaign have shared a procedure for responding to the public consultation, which ends tomorrow.
Visit Galop’s Helpline on 0800 999 5428 or via live chat at galop.org.uk if you’re concerned about your safety at home or the safety of someone you know.
