Transgender Students
Approved: 5-9-18
Revised: 6/14/23, 8/9/23, 9/13/23
Definitions—
- “Sex.” This is the biological, physical condition of being male or female, determined by an individual’s genetics and anatomy at birth.
Utah Code § 53E-9-205(1)(d) (2023)
- “Gender identity.” This is the individual’s internal sense of gender, and “identified gender” refers to the gender that matches this internal sense. Gender identity can be shown by information including but not limited to medical history, care or treatment of the gender identity, consistent and uniform assertion of the gender identity, or other evidence that the gender identity is sincerely held, part of a person's core identity, and not being asserted for an improper purpose.
- “Gender expression” means the external cues or indications used to communicate gender to others, such as behavior, clothing, hairstyles, activities, voice, mannerisms, or body
- “Transgender” means that an individual’s sex differs from the individual’s gender identity.
- “Transgender boy” (or “transgender man”) is an individual whose sex is female but whose gender identity is male.
- “Transgender girl” (or “transgender woman”) is an individual whose sex is male but whose gender identity is female.
Utah Code § 34A-5-102 (1)(o) (2016)
In re Childers-Gray, 2021 UT 13, ¶ 5 & n.7, 487 P.3d 96
Records and References—
The official records of the student shall reflect the student’s legal name and gender, which is the name and gender listed on the student’s birth certificate or as changed by court order. Access to this portion of official student records shall be restricted with respect to persons other than the student’s parent to maintain the confidentiality of a student’s transgender status.
Utah Code § 26B-8-111 (2023)
Utah Code § 42-1-1 (1933)
Utah Code § 53E-9-205 (2023)
The unofficial records of the student may reflect the preferred name and gender identity of the student. Students may be addressed or referred to by the pronouns associated with the identified gender: transgender boys may be referred to using “he” “his” and “him” and transgender girls may be referred to using “she” and “her.” Unofficial records which reflect a student’s sex, gender, or gender identity may not be changed to a gender or gender identity which does not conform with the student’s sex without written permission of the student’s parent.
A student’s transgender status shall not be disclosed to individuals other than the student’s parent without the student’s consent except as expressly authorized by the superintendent following such legal consultation as the superintendent determines is appropriate.
Facilities—
Facility accommodations will provide single user restrooms or changing spaces or locations in consultation with the administration.
Classes and Activities—
When classes or activities are segregated by gender, transgender students are to be grouped according to the student’s gender identity. Where students are grouped according to qualities which may have some association with gender (such as vocal quality for singing groups), the pertinent quality may be evaluated without regard to sex or transgender status. Where school activities involve overnight travel, lodging arrangements for transgender students may take into consideration the desires of the individual transgender student and of the student’s parents as well as the privacy interests of other students and their parents. If the arrangement desired by the transgender student is in significant conflict with privacy interests of other students, the school administrator should consult with the superintendent and as appropriate with legal counsel.
UHSAA Extracurricular Activities—
Participation by students in non-athletic activities under the oversight of the Utah High School Activities Association is subject to UHSAA rules and policies. Therefore, participation of transgender students in such activities shall be governed by those rules and policies. Participation by transgender students in interscholastic athletic activities shall be according to Policy JECC-1.
Utah High Schools Activities Association Handbook 2022-2023, Interps. & Guidelines 1.1.4
Utah Code 53-G-1004
Bullying and Harassment—
Refer to policy JGA (Bullying).
