Post-hearing Response By Parents For Transgender Youth Equity
PTYEPARENTS FOR TRANSGENDER YOUTH EQUITYP.TYE.NSW@gmail.comInquiry into theEducation Legislation Amendment (Parental Rights) Bill 2020Post-hearing responsebyParents for Transgender Youth EquityPage 1 of 49Education Legislation Amendment (Parental Rights) Bill 2020 Post-hearing response by P-TYE
PTYEPARENTS FOR TRANSGENDER YOUTH EQUITYP.TYE.NSW@gmail.comIntroduction3TAB A – P-TYE Recommendations for the Inquiry Committee5TAB B – Bulletin 55 (current version with numbered paragraphs)7TAB C – Recommendations for immediate changes to Bulletin 5516TAB D – Recommendations for improved communication of Bulletin 5522TAB E – Recommendations for improved implementation of Bulletin 5523TAB F – Recommendations for the Hon. Victor Dominello MP24TAB G – Recommendations for the Hon. Brad Hazzard MP26TAB H – Recommendations for NSW Public Service Commissioner28TAB J – Recommendations for the Hon. Mark Speakman SC MP30TAB K – Recommendations for the Hon. Michael Sukkar MP32TAB L – Recommendations for the Hon. Stuart Ayres MP34TAB M – The current research36Current situation for trans youth36The Bill39Reasons for anti-trans youth Bills40Solutions41Other research solutions43Sports44Summary45TAB N – Appendix and References46We cannot create an inclusive society that supports the healthy development and rightsof all people if we remain silent as the most vulnerable among us are targeted withdamaging and deadly discrimination. We cannot teach our children tolerance if they seetheir friends being prohibited from basic childhood activities such as participation insports. We cannot deny people the right to determine who they are and to live in waysthat support them. Transgender people are our neighbours, our friends and our familymembers.- Dr Margaret Flowers, 2021Page 2 of 49Education Legislation Amendment (Parental Rights) Bill 2020 Post-hearing response by P-TYE
PTYEPARENTS FOR TRANSGENDER YOUTH EQUITYP.TYE.NSW@gmail.comIntroductionThe Hon Mark Latham, MLCChair. Portfolio Committee No. 3 – EducationUpper House Committees (Legislative Council)Parliament of New South WalesVia email: PortfolioCommittee3@parliament.nsw.gov.au18 May 2021Dear Mr Latham,Re: Education Legislation Amendment (Parental Rights) Bill 2020Thank you for the opportunity to provide a response to the question on notice regardingthe Department of Education’s legal issues Bulletin 55 – Transgender students in schoolstaken at the inquiry into this Bill when we appeared as witnesses.As you are aware, we are a group of NSW parents and carers who seek to ensure allNSW transgender and gender diverse (trans) youth are treated with respect, fairnessand equity in the same way as non-gender diverse youth.There are approximately 18,646 transgender students currently in NSW PublicSchools and just under 10,000 in non-government schools1. Only 31% of thesestudents have shared their gender status with their parents or caregivers 2. Due to fear ofdiscrimination and harassment most of those students never ‘come out’ at school3.Students currently pretend to be someone they are not most days at school. This leadsto poor classroom engagement, poor education outcomes and impacts our community.The ideology that transgender children are dangerous and must be hidden from theirpeers appears to be a toxic social contagion amongst adults, which then adverselyaffects our children and leads to intentionally discriminatory proposed laws such as this.The assertion that this Bill reasserts the rights and roles of parents in their moral,ethical, political and social development of their children does not hold. This Bill prohibitsstudents learning about trans people regardless of parental views. This Bill removesour rights as parents of trans youth. The almost 30,000 trans kids in NSW schools eachday are just like all other children; we just got their gender wrong at birth. They areinherently the exact same child prior to coming out as trans. They still won’t eat enoughfruit or vegetables or pro-actively finish their homework. Nothing about them inherentlychanges just because they’re trans.We appreciate the work that the majority of individuals at NSW schools do each day tosupport trans youth despite the current climate and these individuals cannot be punishedfor supporting marginalised children.We desperately need education for parents, education staff, students and the widercommunity, that being transgender is a normal and natural part of human diversity.If the broader community knew that trans youth are loved just like other children, thatbeing transgender is a natural, normal (and frankly awesome!) part of our humandiversity then trans youth could all be who they are and focus instead on living their bestlife, rather than hiding who they are due to a simple lack of education. The experience ofPage 3 of 49Education Legislation Amendment (Parental Rights) Bill 2020 Post-hearing response by P-TYE
PTYEPARENTS FOR TRANSGENDER YOUTH EQUITYP.TYE.NSW@gmail.comthousands of parents of trans youth across NSW is that the community supports us tocontinue unconditionally loving our children if they are transgender.Where a parent reacts with disgust to their child being trans, our experience is that mostpeople in the community find that odd, especially where the parent has previously saidthey love their child. That is conditional love of a child, not unconditional love. P-TYE doesnot consider this to be a model to be fortified, which this Bill will do. A governmentshould encourage through actions and words that it’s ok to love your childunconditionally, including if they are transgender. The NSW community generally obtainsany inaccurate information about trans youth from media including from individualsseeking increased political capital by using and demonising our children. This isabhorrent and must stop.If this Bill proceeds every Department of Education policy will have to be amended orremoved to reflect this Bill’s intended legalised discrimination, and prohibition of equity,dignity and respect for our children. P-TYE has found Bulletin 55 to be vital. The burdenof labour experienced by parents of transgender youth is well known 4 with Bulletin 55reducing this burden (when parents learn of its existence) by enabling parents to share itwith the school (who are also often not aware of it either).However, Bulletin 55 requires immediate updates along with a commitment to improvecommunication and implementation of it within public schools and the broadercommunity. As such, P-TYE’s recommendations can be summarised as follows:1. Trans-affirmative pedagogical spaces for students must be a minimum standard. Thetransgender student should not be viewed as the locus of risk and the advice not beframed as risk mitigation, as currently portrayed in Bulletin 55 and this Bill;2. Integration of the child with their peers in all school activities should be the focusrather than isolation which appears as a central strategy for risk mitigation in Bulletin55 and this Bill;3. Inclusion of practical advice for classroom conversations, interactions and educativeexperiences and conversations with parents is required. Immediate whole-schooleducative approaches are needed both theoretically and practically; and4. Removal of barriers by NSW government services for trans youth to improveengagement with the wider community and optimise education outcomes and familycohesion for families is required which includes rejection of this Bill in full.From this, we have sixteen high level recommendations for the committee, to improveBulletin 55 and the education experience in NSW Public Schools-listed in TAB A.Parents for Transgender Youth Equity cannot overstate the current dire situation fortransgender youth in NSW. This Bill is anti-equality with a eugenics approach to transyouth It must be rejected in full to optimise education outcomes for all and not worsenengagement and safety in NSW Public Schools. Legalising and promoting discriminationof our beloved children simply because we got their gender wrong at birth is repugnant.Yours faithfully,Lannen StapletonShe/HerExecutive DirectorParents for Transgender Youth EquityCarlie MorrisShe/HerMemberParents for Transgender Youth EquityPage 4 of 49Education Legislation Amendment (Parental Rights) Bill 2020 Post-hearing response by P-TYE
PTYEPARENTS FOR TRANSGENDER YOUTH EQUITYP.TYE.NSW@gmail.comTAB A – P-TYE Recommendations for the Inquiry CommitteeRecommendations for Portfolio Committee No. 3 – Education by P-TYE in response to theQuestion on Notice about the NSW Education Department’s Bulletin 55.Correspondence to Ministers and those external to the Committee have been forwardedand included in this post-hearing response for your records.Recommendation 1Reject this proposed intentionally discriminatory Bill against our already marginalisedkids which also denies us our Parental Rights. This will ensure our kids rights to anongoing education, our parental rights for our children to learn about themselves, andBulletin 55 to remain in place.Recommendation 2The Department of Education make immediate changes to Bulletin 55 as listed in TAB Cand provide the research in TAB M to the Department to fully understand the currentdire situation for transgender youth and why immediate improvements are required.Recommendation 3Provide TAB D and TAB E to the Department of Education to improve communicationand implementation of Bulletin 55 to better support all students.Recommendation 4The Department of Education contact Tania Ferfolja from the School of Education atWestern Sydney University3 to explore current research which demonstrates how tooptimally achieve whole of school improvements in experiences and outcomes.Recommendation 5All schools and students must be provided with appropriate, inclusive and respectfuleducation that transgender kids exist. This will then provide all students with knowledgeof the diversity of our community to better prepare them to enter the world as adults.Recommendation 6All school counsellors must have Bulletin 55 awareness as part of their annualmandatory training (at least 1,864 NSW public school trans students rely on schoolcounsellors annually).Recommendation 7NSW public school systems must operate from ‘preferred name’ where that is provided,not the legal name of the child. Given the significant and impossible barriers totransgender kids amending name and gender on NSW identity documents, legal namesshould not be displayed to education staff for transgender children. Where ‘preferredname’ is provided in documents, this must be the only name displayed on all schooldocuments.Recommendation 8All schools must have a unisex toilet and change room available for all students.Recommendation 9Births Deaths and Marriages to urgently propose amendments to the NSW Parliament tostop the current abhorrent and impossible legislative requirement of surgical sterilisationof transgender children to update their gender marker on their birth certificates. Childrenmust supply their birth certificates when enrolling in school and this is not a fair orPage 5 of 49Education Legislation Amendment (Parental Rights) Bill 2020 Post-hearing response by P-TYE
PTYEPARENTS FOR TRANSGENDER YOUTH EQUITYP.TYE.NSW@gmail.comaccurate reflection of who they are. TAB F is a copy of correspondence sent to the Hon.Victor Dominello MP to request these immediate legislative amendments. We would bepleased to discuss this recommendation further with the Minister.Recommendation 10Acknowledge the NSW Parliament lower house motion of 21 October 2020 unilaterallysupporting the transgender community which includes trans youth, in your final reportand acknowledge that this Bill contradicts the unilaterally agreed parliamentary motion.Recommendation 11Urgently establish a fully funded multi-disciplinary freely and timely accessible genderclinic for all youth and families in NSW who need professional guidance, given familysupport and affirmation impacts greatly on optimal education outcomes. TAB G is a copyof correspondence sent to the Hon. Brad Hazard MP.Recommendation 12The Public Service Commission implement targets of at least 2% minimum of the publicservice confirming they are transgender by 2025 so our kids know there are efforts bytheir government to overcome the current systemic discrimination. There should beapproximately 7,590 full-time transgender employees in the NSW public sectorworkforce5. TAB H is a copy of correspondence sent to Kathrina Low, the NSW PublicService Commissioner.Recommendation 13Introduce and legislate a Bill of Rights in NSW to ensure discrimination against studentsbased on their gender status does not occur in NSW. This would stop intentionallydiscriminatory Bills that seek to harm our most marginalised being introduced in thefuture. TAB J is a copy of correspondence sent to the Hon. Mark Speakman SC MP.Recommendation 14The Federal Government Census introduce an option to enable every person in NSW toself-identify themselves or their children as transgender to better understand the currentsituation in NSW schools. Currently the census does not contain this field. TAB K is acopy of correspondence sent to the Hon. Michael Sukkar MP.Recommendation 16NSW should put its best foot forward when the international media descend on Sydneyfor World Pride 2023 and shine a spotlight on us. TAB L is a is a copy of correspondencesent to the Hon. Stuart Ayres MP.Page 6 of 49Education Legislation Amendment (Parental Rights) Bill 2020 Post-hearing response by P-TYE
PTYEPARENTS FOR TRANSGENDER YOUTH EQUITYP.TYE.NSW@gmail.comTAB B – Bulletin 55 (current version with numbered paragraphs)P-TYE has numbered all current paragraphs and headings of Bulletin 55 in thisTAB to easily compare recommended immediate changes outlined in TAB CTransgender students in schoolsTransgender students in schools, legal issues bulletin 55, LIB551. The Department of Education is committed to providing safe and supportivelearning environments that respect and value diversity and are free fromviolence, discrimination, harassment and vilification. Research shows thesupportive environment schools provide can have a lasting impact on both theeducational and lifelong outcomes for students.2. Most people express the gender that corresponds with their biological sex. Thereare some people whose gender identity or expression is different from thattraditionally associated with assigned sex at birth. This is known as beingtransgender. This can occur at any age.3. All students, including those who identify as transgender, have a right to betreated equitably and with dignity. The department has a number of resourcesthat support these rights including the Student Welfare Policy and the Bullying:Preventing and Responding to Student Bullying in Schools Policy. These resourcespromote a proactive approach to the development of positive schoolenvironments in which every student is respected and valued. Additionally,schools have a legal duty to protect students from foreseeable risk of harm and todo what is reasonably practicable to ensure their safety.4. The following information is general in nature. It is important, to structure anysupport specifically to the individual needs of the student within a particularschool. Not all students who identify as transgender will require a plan to supportthem but it is necessary to assess the likelihood of any risk to each transgenderstudent and where required plan for their support.5. Legal rights for transgender students6. A student who has identified as transgender enjoys the same legal rights orprotections afforded to all students under the duty of care, education and workhealth and safety laws. Additional protections apply to such students underdiscrimination law. For example in NSW the Department of Education is prohibitedfrom unlawfully discriminating against a student on transgender grounds:i.by refusing or failing to accept the person’s application for admission as astudent, orii.in the terms on which it is prepared to admit the person as a student.7. The department is also prohibited from unlawfully discriminating against astudent on transgender grounds:i.by denying the student access, or limiting the student’s access, to anybenefit provided by the educational authority, orPage 7 of 49Education Legislation Amendment (Parental Rights) Bill 2020 Post-hearing response by P-TYE
PTYEPARENTS FOR TRANSGENDER YOUTH EQUITYP.TYE.NSW@gmail.comii.by expelling the student or subjecting the student to any other detriment.8. It does not follow that an application for enrolment from a transgender studentcan never be declined or that a transgender student can never be expelled.Rather, the law requires the student is not subjected to unlawful discriminationwhen such decisions are made. Further information about discrimination ontransgender or gender identity grounds is found at Attachment A.9. Privacy legislation and transgender students10. Most, if not all, of the information collected about a transgender student will bepersonal or health information. This information is protected by privacylegislation.11. While privacy legislation will not necessarily prevent school or other departmentalstaff from using or disclosing information for a lawful purpose (for example in thedischarge of the duty of care or for child protection purposes), it is importantwherever practicable to discuss how it is intended information will be used ordisclosed with the student. This issue should also be discussed with the student’sparent(s) or carer unless the principal believes on reasonable grounds that it isnot in the student’s best interests to do this (for example a court order hasremoved a parent’s parental responsibility for that student).12. School and other departmental staff should seek legal advice in circumstanceswhere parents or carers and/or the student object to the proposed use ordisclosure of a student’s personal and/or health information.13.Name and gender records14. Generally, students are enrolled at school under the name and gender on theirbirth certificate. There are exceptions to this position, however, including where astudent is transgender and seeks to change the way their first name is used andrecorded by the school. Principals may wish to review Legal issues bulletin 20 foradvice about the process to follow when this issue arises.15. Students should then be referred to by the name they are enrolled under. Thepronoun used to describe the student (he/she, him/her) should be consistent withthe gender now recorded by the school. The department’s Code of Conduct andthe individual school’s discipline and welfare policy should be utilised where staffor students deliberately or repeatedly use names or pronouns other than the oneidentified by the student concerned.16.Uniform for transgender students17. The department’s School Uniform Policy encourages schools to consider individualstudent circumstances when considering the school’s uniform. Many schools havedeveloped unisex uniforms that are not gender specific.18. Students who identify as transgender should be allowed to choose from theuniform options available at the school.19. All students are required to wear items identified as necessary for particularactivities, e.g. closed in shoes for practical food technology classes. A schoolPage 8 of 49Education Legislation Amendment (Parental Rights) Bill 2020 Post-hearing response by P-TYE
PTYEPARENTS FOR TRANSGENDER YOUTH EQUITYP.TYE.NSW@gmail.comuniform should meet requirements of work health and safety and antidiscrimination legislation.20.Supporting a student who has identified as transgender21. Support needs will vary from student to student. It is important to consult withthe student and their parents or carers where practicable when planning for thestudent’s support unless the principal believes on reasonable grounds that it isnot in the student’s best interests to do this (for example a court order hasremoved a parent’s parental responsibility for that student).22. Where reasonably practicable, the student should be treated on the same basis asother students of the same identified gender.23. Consideration should be given to each activity the student is involved in at school.It is important to consider and as necessary plan ahead for any key transitionpoints in the student’s schooling.24. Risks arising from these activities should be identified and assessed andstrategies to eliminate or minimise the identified risks should be implemented sofar as is reasonably practicable. Staff must be consulted where they are alsopotentially at risk. Activities to be considered may include:i.use of toilet and change room facilitiesii.excursions including overnight excursionsiii.school sportiv.curriculumv.health care planning andvi.gender transitioning while at school.25. A sample plan for a high school student who has identified as transgender isfound at Attachment B. This is a sample only – the strategies it contains will notapply in all circumstances. The actual strategies required to support a student willvary according to their individual circumstances and the school they attend.26.Use of toilets and change room facilities27. Toilets, showers and change rooms are specific to each school. An assessment ofthe risk posed to the student by using the toilets of their identified gender mustbe undertaken. If an identified risk to the student cannot be satisfactorilyeliminated or minimised then other arrangements should be made. The need forthe student to be safe is a paramount concern in these circumstances.28. Students should not be required to use the toilets and change rooms used bypersons of the sex they were assigned at birth if they identify as a differentgender. Alternative arrangements may include using staff toilets or unisex toiletswhere possible. The exclusion of students who identify as transgender from thetoilet or change rooms of their identified gender must be regularly reviewed todetermine its continuing necessity.29. If other students indicate discomfort with sharing single-sex facilities (toilets orchange rooms for example) with a student who identifies as transgender, thisshould be addressed through the school learning and support team.30.Excursion including overnightPage 9 of 49Education Legislation Amendment (Parental Rights) Bill 2020 Post-hearing response by P-TYE
PTYEPARENTS FOR TRANSGENDER YOUTH EQUITYP.TYE.NSW@gmail.com31. An assessment of risk is normal procedure for all excursions. Ordinarily, a studentwho identifies as transgender should use the facilities of their identified gender orunisex facilities when available. In some circumstances, it may be appropriate toarrange private sleeping quarters.32.School Sport33. A student who identifies as transgender should be permitted to participate inmost school-based sports as their identified gender. Where the sport iscompetitive and the student is under 12 they should compete as their identifiedgender. Most students will be able to continue to participate in competitive sportin their identified gender after they have turned 12.34. It may be lawful to exclude students aged 12 and over from competing in certainsports at the elite level in certain circumstances. Confidential case-by-caseevaluation should occur. More information is availableat: https://www.ausport.gov.au/supporting/integrity in sport/resources/nationalmember protection policy templateExternal link35. Curriculum36. All teachers should be respectful and inclusive of all students’ individual learningidentity. Gender identity may be discussed in many curriculum areas includingPersonal Development, Health and Physical Education (PDHPE) classes followingsyllabus guidelines. Teachers should treat the topic in a manner that is respectful,inclusive and positive. Information for PDHPE teachers can be found at thedepartment’s Curriculum Support Site.37.Health care planning38. Students undergoing a gender transitioning process will do so over time and inconsultation with health care professionals. The process may or may not includemedical treatment. The Student Health in NSW39. Public Schools policy should be applied by schools in relation to medication or anyother health care needs the student may have.40.Gender transitioning while at school41. When a student advises of their intention to gender transition, schools need toprovide a safe and supportive environment. It is often useful to set a date ofgender transition for the student (in consultation with the student and theirparent/carer) at the point of return from holidays. This allows an immediatelyvisible change even though the personal process of change will occur over alonger period of time.42. The school counsellor is likely to have an important role to play in supporting thestudent and their family. This could include liaising with the school and healthprofessionals, especially in cases where the student may be experiencingdifficulties in their personal relationships with family and friends. Staff may needadditional professional development to enable them to successfully support thestudent.Page 10 of 49Education Legislation Amendment (Parental Rights) Bill 2020 Post-hearing response by P-TYE
PTYEPARENTS FOR TRANSGENDER YOUTH EQUITYP.TYE.NSW@gmail.com43. The welfare and educational needs of the student are of primary importance andshould be the focus of all actions taken by the school.44.Communication strategies45. Communication strategies should potentially be developed and implemented for:i.the school and the student and his or her parents or carersii.the student and his or her friendship groupiii.other students and school staffiv.the broader school community; and (potentially) the media.46.The student and their parents or carers47. Ongoing, open and transparent communication between the school, and thestudent and their parents or carers is an essential part of providing the studentwith a safe and successful education unless the principal believes on reasonablegrounds that it is not in the student’s best interest to involve the parents orcarers (for example a court order has removed a parent’s parental responsibilityfor that student). A point of contact should be established within the school andthe parents/carers and student encouraged to provide the school with relevantinformation. Parents and the student should be encouraged to promptly advisethe school of any new or changed information, issues or incidents that occur atthe school.48. It is also important to encourage parents and the student to advise the school ofany relevant incidents that occur outside of school. For example, it is importantfor the school to be advised if there has been an incident involving the studentand other students on the weekend or a public holiday in order to review anyplans for supporting the student at school.49.The student and friendship groups50. A student who identifies as transgender may need to discuss issues with theschool counsellor (or staff member nominated by that student) such as informingfriendship groups and other peers if they choose to do so. Depending on thecircumstances it may also be necessary to provide support to students in thefriendship group.51.Other students52. Students may be curious or confused if one of their peers discloses that theyidentify as transgender. They should be reassured that the student deserves thesame respect and courtesy that they would extend to any other person.53. Other students may have questions about the student who has identified astransgender, particularly when the student has transitioned while they are at thesame school. Staff should be provided with a suggested response to thesequestions. This response should promote acceptance but will vary according tothe student’s individual circumstances. The school counsellor and/or DistrictGuidance Officer can assist in developing this response. Legal Services may be ofassistance if legal issues arise.Page 11 of 49Education Legislation Amendment (Parental Rights) Bill 2020 Post-hearing response by P-TYE
PTYEPARENTS FOR TRANSGENDER YOUTH EQUITYP.TYE.NSW@gmail.com54. Consideration should be given to how gender diversity is currently dealt with inthe school and whether further action is necessary to reinforce the need fortolerance and respect for diversity.55.Staff56. It is important to identify the staff who need to have more detailed knowledgeabout the student in order to provide them with a safe and supportive learningenvironment. This is likely to include the principal, school counsellor and yearadvisor (where the student is in high school). Depending on the circumstances itmay also include classroom teachers and other staff that need the information inorder to safely provide the student with learning and support.57. It is important to remind staff that a student who identifies as transgender hasthe same rights to learning in a safe and supportive environment as all otherstudents and that additional support for the student may be necessary. It is alsoimportant to remind staff of their professional obligations in their dealings with allstudents and particularly with students who may be more vulnerable.58. Staff may need additional professional development to support the student.Consideration should be given to what professional development staff may needwhile planning for the student’s enrolment and/or transition. Assistance can beobtained from the Student Engagement and Interagency Partnership directoratein identifying possible sources of professional development.59.The broader school community60. On occasions, it is helpful if school staff are provided with a school-developedresponse to enquiries from the broader school community. The school shouldconsult with the student who identifies as transgender and their parents todevelop this response.61.Media62. The school should respond to any external enquiries about students who identifyas transgende
TAB B - Bulletin 55 (current version with numbered paragraphs) 7 TAB C - Recommendations for immediate changes to Bulletin 55 16 TAB D - Recommendations for improved communication of Bulletin 55 22 TAB E - Recommendations for improved implementation of Bulletin 55 23 TAB F - Recommendations for the Hon. Victor Dominello MP 24
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