The Minnesota State High School League has also adopted a policy addressing eligibility determination for male-to-female transgender student athletes stating in general that all students , regardless of their gender identity or expression , should be allowed to participate in athletics in an “ environment free from discrimination ”.
Data Privacy Considerations : Under both state and federal law , information and data regarding one ’ s transgender status or sex assigned at birth is classified as private educational data . Only employees with a legitimate educational reason to know this information in order to perform their job have the right of access to this data .
Transgender and gender non-conforming students may decide to discuss and express their gender identity openly or may decide when , with whom , and how much to share private information . Schools should work closely with the student and family in devising a plan that works for both the student and the school . Privacy considerations may also vary with the age of the student . In some circumstances , transgender students do not want their parents to know about their transgender status or that they are expressing their affirmed gender at school . The need to balance support of the students with parental rights to access the information about their students poses unique challenges .
Parents or guardians have a right of access to the data unless a court order provides otherwise or the student requests that the data be withheld and the school determines that that is in the best interest of the student . The school may require students to submit a signed , written request that the data be withheld and to explain the reason for denying parental access . Upon receiving such a request , the school shall determine whether denying parental access is in the student ’ s best interest by considering the potential for physical or emotional harm .
• Whether the student is of sufficient age and maturity to be able to explain the reasons for and to understand the consequences of the request to deny access ;
• Whether the personal situation of the student is such that denying parental access may protect the student from physical or emotional harm ;
• Whether there is ground for believing that the student ’ s reasons for precluding parental access are reasonably accurate ; and
• Whether the data in question is of such a nature that disclosure of it to the parent could lead to physical or emotional harm to the student .
In most situations , these factors weigh in favor of parental access .
It is the District ’ s policy to provide equal educational opportunity for all students . No student shall be discriminated against on the basis of any protected characteristic , including sex / gender . The District does not deny any student access to the benefits and opportunities of its educational programs . The District provides for a student complaint and appeal process if a student claims the District denied them an equal educational opportunity or violated the student ’ s rights under this Guidance . Information on how to file a complaint is contained in Harassment , Violence and Discrimination Policy 413.0 and Harassment , Violence , Discrimination or Bullying Report Form 413.0F .
Contact Dr . Keith Brooks , Director of Student Services at 763-506-1017 or at keith . brooks @ ahschools . us for additional information .
Harassment , Violence and Discrimination Policy , No . 413.0
Note : Discipline Policy 506.0 also addresses harassment . It states : “ Violations against persons communicated or attempted to be communicated by any means . Such violations include but are not limited to : verbal and / or nonverbal intimidation / threats ; stalking ; obstruction ; assault ; fighting ; extortion ; bullying , racial harassment ; harassment on the basis of disability ; sexual harassment / violence ; indecent exposure ; hazing .” It is the policy of the Anoka-Hennepin School District No . 11 to maintain a learning and working environment that is free from harassment , violence or discrimination based on actual or perceived race , color , creed , religion , national origin , sex / gender , marital status , familial status , disability , status with regard to public assistance , sexual orientation , age , family care leave status or veteran status . The district prohibits any form of harassment , violence or discrimination based on actual or perceived protected class status . It will be a violation of this policy for any student or district employee to ( 1 ) harass a student or district employee through conduct or communication ( e . g ., physical , verbal , graphic or written ) or to ( 2 ) inflict , threaten to inflict or attempt to inflict violence ; or to ( 3 ) discriminate against a student or District employee based on that student ’ s or employee ’ s actual or perceived protected class status . This policy applies to all of the academic and nonacademic ( for example , athletic and extracurricular ) programs of the district and will be enforced before , during , or after school hours on all school property , including the school bus , school functions , or events held at other locations . The policy also applies to any off-campus conduct that causes or threatens to cause a substantial and material disruption at school , or interferes with the rights of students or employees to be free from a hostile school environment taking into consideration the totality of the circumstances on and off campus . The district will investigate all complaints of harassment , violence or discrimination — whether formal or informal , verbal or written — based on a student ’ s or district employee ’ s actual or perceived protected class status , and will discipline or take appropriate action against any student or District employee who is found to have violated this policy . Appropriate administrative and staff follow-up will be provided for targets and offenders of harassment , violence and discrimination . While this policy addresses the reporting and responses to harassment , violence or discrimination , the district recognizes the importance of preventing harassment , violence and discrimination before it occurs through ongoing practices , programs and training . The district shall implement violence prevention and character development education programs to prevent and reduce policy violations . Such programs may offer instruction on character education including , but not limited to , character qualities such as attentiveness , truthfulness , respect for authority , diligence , gratefulness , self-discipline , patience , forgiveness , respect for others , peacemaking , and resourcefulness . I . DEFINITIONS
A . District employee . For purposes of this policy , district employee includes school board members , district employees , agents , volunteers , contractors / vendors , or persons subject to the supervision and control of the district .