Open Letter: To Wills Point Independent School District Shared from a reader, I would like to post a copy of a letter sent to the Wills Point Independent School District, in Wills Point Texas, regarding school policy related to LGBTQ students.

Attention: Damon Davis, Assistant Superintendent of Operations and Student Services

Wills Point Independent School District

Wills Point, Texas 75169

RE: Concerned Parent who will be transferring their child to your district within the next 12 months.

Mr. Davis,

My name is Jessica, I am a Psychologist and a concerned parent of a 13-year old Transgendered Daughter, with our Husband who is an attorney at the law firm of Welch, Gold, and Seigel, who will be moving to the area of Wills Point within the next 12 months. As my child is currently out, transitioning according to the standards of care set forth from her therapist and physician, it is my job to ensure any school district she attends will be an inclusive, warm, and welcoming experience for her, so that she can focus on her studies, without being distracted.

At the request of parents I have met in the Wills Point area, I researched the Student Handbook covering policies and expectations set for students at Wills Point ISD. I became concerned when speaking with 2 sets of parents with LGBT students at Wills Point ISD who are not out for fear of reprisals. Reviewing the Student Handbook further I noted several areas where the official district policy runs counter to the best interests of transgendered students. I will point out those sections now;

The District Non Discrimination statement does not specifically list gender identity or sexual orientation; However the Department of Education has upheld that gender identity is covered under Title IX of the 1964 civil rights act, as is sexual orientation. This was done through an executive order after the EEOC stated in an opinion, ““Title IX’s sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity and OCR accepts such complaints for investigation” (Geidner, 2012)

The Student's Name policy, specifically refers to legal name from birth and social security records. This precludes Transgender students, in transition from using the name congruent with their gender identity, which is considered a necessary step in the transition process, as part of the psychological and medical treatment program established by the Harry Benjamin Standards of Care (Harry Benjamin Inc.).This also means that since it is part of a medical and psychological treatment program, and as Gender Dysphoria is a covered Psychiatric condition covered under the DSM-V of Psychological Diagnostics Manual(The Advocate, 2012)treatment including but not limited to name changing of a transitioning individual can also be reasonably interpreted to be covered under the Americans With Disabilities Act Amendments of 2008, which expanded protected classes of individuals(Berry, 2013) Since Texas state law requires gender reassignment surgery prior to a legal gender change, and gender reassignment surgery requires at least 1 year of real life experience living as a member of the individuals chosen gender, requiring a student to change a birth certificate prior to GRS in Texas (Lambda Legal, 2009) is not possible, therefore gender transition is directly inhibited per your district policy, due to existing Texas state law.

This is of particular concern as my daughter goes by the name of Lynn, but her name on her birth certificate is listed as James. We are unable to change this due to current law which requires Gender Reassignment Surgery prior to amending a birth certificate. I am concerned about this because at your district, under the currently listed policy, My daughter Lynn, who lives full time as a female, would be required to go under the name James, which is directly counter to her treatment and would affect her adversely, not only socially, but emotionally as well. What can be done to fix this policy to be inclusive of children who are different? How would my daughter benefit from your district with this type of policy in place, which is designed to make her feel unwelcome?

Additional Policy concerns involve;

Dress and Grooming: As with previous policies related to non-discrimination based on gender, and lack of policies regarding gender identity, the dress and grooming policy does not allow for exceptions for transgendered individuals. M2F trans students may have pierced ears as part of their assimilation into their chosen gender identity, while according to state law which prohibits a legal gender change until after SRS, would also prohibit a M2F transgendered student from dressing and grooming themselves as their gender identity presents. Grooming policies related to hair also apply to both M2F and F2M transgendered students and would be in conflict with their legal gender status under state law, as well as district policy as it related to compliance with Title IX of the 1964 civil rights act (Geidner, 2012)the Harry Benjamin Standards of Care for the treatment of Gender Dysphoric individuals (Harry Benjamin Inc., 1998)as well as the DSM-V manual for Psychiatric Diagnoses (The Advocate, 2012) and the Americans with Disabilities act (Barry, 2014)

My daughter has her ears pierced as do most young girls who are 13-years-old. Is she to be made to remove them while her other female peers are allowed to wear them. Also when it comes to my daughter’s hair, why should she be required to keep it short, when other girls her age are allowed to let it lengthen to a reasonable degree?

Specifically the note related to Dress and Grooming is worded in such a way as to imply that Junior High School is a time when Transgender students should remain silent and not focus on gender transition when all medical and psychological evidence suggests this is the most opportune time for a child to begin the process to limit developmental issues related to cross gendered secondary sex characteristics i.e. hair and voice changes, changes in bone structure and so forth. Since this is the time when a child diagnosed early enough with Gender Dysphoria should transition (Harry Benjamin Inc.)it runs in direct conflict with the Note in your official policy. While your dress code does allow for a principle to have the final responsibility of determining proper conditions or applicable policies related to the student, a transgendered student should not need a principles permission to be themselves, or to follow a transitional treatment program while in your district.

The corporal punishment policy, while not directly linked with any previous argument against other school policies is troubling for a few reasons, first; the implication is that Corporal punishment is to be assumed permitted unless otherwise stated. All major Psychological and Psychiatric associations and studies conducted on the use of corporal punishment have concluded, "There is a direct link between the use of Corporal punishment and Psychological harm caused to a child subject to it. This means a child is technically injured, not only physically, but mentally from the use of corporal punishment, as referenced in; (APA, 2015).Therefore, the presumption should always be against the use of corporal punishment, except in the strictest and most exceptional cases where a parent has specifically requested it in writing, this is not only for the legal protection of the district, and the personal liability of a member of the district staff who may use this archaic form of punishment, but also so that Appropriate child welfare authorities know where the use of this punishment comes from and why it was authorized against psychological and psychiatric recommendations.

While some of these policies are obviously outdated, are no longer enforceable, or otherwise misworded, I am concerned about the overall tone of school policies related to LGBTQ students. As a member of PFlag, I have seen the tremendous hard uncooperative school districts have wrought on students who just want to be themselves, but are hamstringed by bigoted or uninformed administrations. I would like to see a policy revision to reflect the current legal climate as well as the overall societal acceptance of and support for all children, Gay, Straight, Bisexual, and Transgendered alike. As an administrator, it is the responsibility of your staff to ensure all children receive the same treatment regardless of gender, gender identity, or sexual orientation. I would like to see assurances from your district including memorandum sent to current parents of students enrolled, detailing your districts specific policy for working with transgender students and their parents, as well as how sexual orientation will be handled as a matter of practicality going forward.

I look forward to a response from your office and thank you for your time.

Regards,