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GLSEN warns of ‘school to prison pipeline’ for youth

New federal guidance on discipline disparities excludes LGBT youth

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Eliza Byard, GLSEN, Gay Lesbian & Straight Education Network, gay news, Washington Blade
Eliza Byard, GLSEN, Gay Lesbian & Straight Education Network, gay news, Washington Blade

‘Ending discriminatory practices in school discipline is one of the most critical civil rights issues facing K-12 education today,’ said GLSEN Executive Director Eliza Byard. (Washington Blade file photo by Michael Key)

The Gay, Lesbian & Straight Education Network, a national group that advocates for LGBT youth in the nation’s schools, says LGBT students and youth of color have been disproportionately impacted by overly harsh school disciplinary practices.

In a statement released earlier this month, GLSEN praised a new Obama administration initiative to discourage elementary and secondary schools from administering student discipline based on race or other discriminatory grounds.

But the GLSEN statement notes that the initiative issued jointly by the Department of Education and the Department of Justice doesn’t specifically reference LGBT youth, raising concern that overly harsh disciplinary practices will continue to funnel LGBT students into what education experts call a “school to prison pipeline.”

This so-called “pipeline,” education reform advocates say, refers to students who land in the criminal justice system, including prison, after being repeatedly suspended or expelled from school. Reform advocates, including GLSEN, have argued that alternative disciplinary approaches should be employed to ensure school safety without overly relying on suspension and expulsion as punishment.

GLSEN has pointed to numerous cases where LGBT students are suspended or expelled for “fighting back” after being targeted for bullying and violent attacks by other students.

“Ending discriminatory practices in school discipline is one of the most critical civil rights issues facing K-12 education today,” GLSEN Executive Director Eliza Byard said in the group’s statement.

“GLSEN commends the Departments of Education and Justice for these long-overdue guidelines that will help to erode decades of policies that have robbed countless youth of a chance to get an education and forced many of them out of school and into the criminal justice system,” she said.

She added, “While the omission of the specific challenges facing LGBT youth is disappointing, we are pleased that the guidelines focus on prevention and intervention strategies by supporting developmentally appropriate and proportional responses to school discipline that encourage and reinforce positive school climate…We encourage the Departments to examine the extent and effects of discipline disparities among LGBT youth and to provide leadership and guidance to ensure that school discipline practices do not discriminate on the basis of sexual orientation, gender identity or gender expression.”

An example of what LGBT activists have called biased school treatment of LGBT youth took place in November when a female transgender student at Hercules High School in Contra Costa County, Calif., was arrested and charged with battery for fighting with three other straight female students.

The transgender student said a fight broke out between her and her classmates, which was captured on video, after she defended herself from repeated taunts and harassment from the three girls. Activists noted that all four students were suspended from the school for fighting but the transgender student, Jewlyes Gutierrez, 16, was the only one arrested and charged in the incident.

The school and the Contra Costa County District Attorney’s Office have declined disclose the reason that Gutierrez was prosecuted in the case while the others were not, saying the matter is pending in juvenal court and they are prohibited from discussing cases involving a minor.

GLSEN has said studies show that LGBT youth disproportionately experience bullying and harassment in schools. The group cites a 2010 study published in Pediatrics, the official journal of the American Academy of Pediatrics, showing that LGBT youth experience a significantly higher level of disciplinary action in schools along with youth of color than do heterosexual youth and whites.

In a statement responding to an inquiry by the Blade, Jo Ann Webb, a spokesperson for the DOE, said the main guidance document released jointly by the DOE and DOJ was a legal oriented document addressing school discipline actions that may violate existing federal laws banning discrimination based on race, color, and national origin.

Current federal law doesn’t include non-discrimination protections for LGBT people.

Web said an accompanying “discipline package” released along with the legal guidance includes “a guiding principles document that specifically includes LGBT students as among those who are potentially at risk for dropping out of school, social exclusion, or behavior incidents.”

She said the accompanying document also emphasizes “the need for schools to consider the impact of discipline policy on all students, including specifically LGBT students, and to make sure they are not being disproportionately disciplined.”

A GLSEN spokesperson couldn’t immediately be reached to determine whether GLSEN considers the accompanying document sufficient to address its concerns about school disciplinary practices pertaining to LGBT students.

In a Jan. 8 press release announcing the guidance document, DOE and DOJ said the school discipline guidance initiative was aimed at helping states, school districts, and schools develop “practices and strategies to enhance school climate and ensure those policies and practices comply with federal law.”

President Obama and most heads of federal departments and agencies in the Obama administration have said that although Congress has yet to pass federal legislation to ban discrimination based on sexual orientation and gender identity, federal agencies would do what they could to put in place policies to protect LGBT people from discrimination.

 

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National

Supreme Court deals blow to trans student privacy protections

Under this ruling, parents are entitled to be informed about their children’s gender identity at school, regardless of state protections for student privacy.

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Transgender rights activists protest outside the Supreme Court in early 2026. (Washington Blade Photo by Michael Key)

The Supreme Court on Monday blocked a California policy that allowed teachers to withhold information about a student’s gender identity from their parents.

The policy had permitted California students to explore their gender identity at school without that information automatically being disclosed to their parents. Now, educators in the state will be required to inform parents about developments related to a student’s gender identity, depending on how the case proceeds in lower courts.

The case involves two sets of parents — identified in court filings as John and Jane Poe and John and Jane Doe — both of which say their daughters began identifying as boys at school without their knowledge, citing religious objections to gender transitioning.

The Poes say they only learned about their daughter’s gender dysphoria after she attempted suicide in eighth grade and was hospitalized. After treatment for the attempt and after being returned to school the following year, teachers continued using a male name and pronouns despite the parents’ objections, citing California law. The Poes have since placed their daughter in therapy and psychiatric care.

Similarly, the Does say their daughter has intermittently identified as a boy since fifth grade, but while their daughter was in seventh grade, they confronted school administrators over concerns that staff were using a male name and pronouns without informing them. The principal told them state law barred disclosure without the child’s consent.

Both sets of parents filed lawsuits in the U.S. District Court for the Southern District of California challenging the state policy that protects students’ gender identity and limits when schools can disclose that information to parents.

The justices voted along ideological lines, with the court’s six conservative members in the majority and the three liberal justices dissenting.

“We conclude that the parents who seek religious exemptions are likely to succeed on the merits of their Free Exercise Clause claim,” the court said in an unsigned order. “The parents who assert a free exercise claim have sincere religious beliefs about sex and gender, and they feel a religious obligation to raise their children in accordance with those beliefs. California’s policies violate those beliefs.”

In dissent, the three liberal justices argued that the case is still working its way through the lower courts and that there was no need for the high court to intervene at this stage. Justice Elena Kagan wrote, “If nothing else, this Court owes it to a sovereign State to avoid throwing over its policies in a slapdash way, if the Court can provide normal procedures. And throwing over a State’s policy is what the Court does today.”

Conservative Justices Samuel Alito and Clarence Thomas indicated they would have gone further and granted broader relief to the parents and teachers challenging the policy.

The emergency appeal from a group of teachers and parents in California followed a decision from the United States Court of Appeals for the Ninth Circuit that allowed the state’s policy to remain in effect. The appeals court had paused an order from U.S. District Judge Roger Benitez — who was nominated by George W. Bush — that sided with the parents and teachers and put the policy on hold.

The legal challenge was backed by the Thomas More Society, which relied heavily on a decision last year in which the court’s conservative majority sided with a group of religious parents seeking to opt their elementary school children out of engaging with LGBTQ-themed books in the classroom.

California Attorney General Rob Bonta expressed disappointment with the ruling. “We remain committed to ensuring a safe, welcoming school environment for all students while respecting the crucial role parents play in students’ lives,” his office said in a statement.

The decision comes as the Trump administration has taken a hardline approach to transgender rights. During his State of the Union address last week, President Donald Trump referenced Sage Blair, who previously identified as transgender and later detransitioned, describing Blair’s experience transitioning in a public school. According to the president, school employees supported Blair’s chosen gender identity and did not initially inform Blair’s parents.

President Donald Trump acknowledges Sage Blair, pictured second from left, during his speech at the State of the Union on Feb. 24. (Washington Blade photo by Michael Key)

Last year, the court upheld Tennessee’s ban on gender-affirming medical care for transgender minors and has allowed enforcement of a policy barring transgender people from serving in the military to continue during Trump’s second term.

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Florida

Comings & Goings

Gil Pontes III named to Financial Advisory Board in Wilton Manors

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Gil Pontes III

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”

Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.

Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.

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Kansas

ACLU sues Kansas over law invalidating trans residents’ IDs

A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.

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Kenda Kirby, transgender, Supreme Court, gay news, Washington Blade
A transgender flag flies in front of the Supreme Court. (Washington Blade file photo by Michael Key)

Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.

Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.

According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.

House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.

Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.

The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.

Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.

State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”

“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”

“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”

“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”

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