Transgenderism and Education

[Chaunte]

As of this writing, New York State law does not directly protect the transgendered community.  So, I sent an email to NY State Ed asking about the status of my teaching certification if I were to transition or if my transgender status was to become public.  After 6 weeks, I have yet to hear from State Ed.  To be honest, I don't anticipate a reply for at least another 6 weeks - if then.

I sent a similar note to NEA-NY (National Education Associaiton) on Saturday(4/22/06).  This is what I received today (4/24/06).

Dear Chaunte,
You are correct, current law does not protect transgendered individuals specifically. If you have already undergone the transition, however, I think a credible legal argument could be made that if you are subjected to sexual harassment, it is on the basis of your current gender, not based upon transgendered status. It really depends upon the circumstances of the harassment or discrimination, and whether or not it specifically singles you out because of your transgendered status. If you are willing to provide more specific information about the facts, maybe I can be more helpful to you.

I offer this for my sisters and brothers living in NYS who may be facing discrimination or harassment.

When and if I hear from State Ed, I will post that as well.

Chaunte

[HelenW]

Chaunte,

Have you been able to find any legal decisions or precedents regarding a teacher's gender transition?  You can't possibly be the first!  I have looked at web resources and have found nothing myself but I haven't specified teacher transitions either.

The NYS law against discrimination mentions real or "perceived" sexual orientation.  An argument could be raised regarding discrimination against transexuals using the "perceived" portion of the law, I suppose, but I don't know if it's ever been argued that way before.

If you literally wrote to the state saying, "...if I were to transition or if my transgender status was to become public" then I think your transgenderism already has become public.  Perhaps an appointment with a civil rights lawyer would be a good idea, simply to gather some more information?

Thanks for the update,
helen

[Chaunte]

Chaunte,

Have you been able to find any legal decisions or precedents regarding a teacher's gender transition?  You can't possibly be the first!  I have looked at web resources and have found nothing myself but I haven't specified teacher transitions either.

The NYS law against discrimination mentions real or "perceived" sexual orientation.  An argument could be raised regarding discrimination against transexuals using the "perceived" portion of the law, I suppose, but I don't know if it's ever been argued that way before.

If you literally wrote to the state saying, "...if I were to transition or if my transgender status was to become public" then I think your transgenderism already has become public.  Perhaps an appointment with a civil rights lawyer would be a good idea, simply to gather some more information?

Thanks for the update,
helen

I would be public ONLY if the name "Chaunte" could be traced back to my legal name; the one my teaching certification lists.  I have yet to find a seach engine that ties both names together, and have I looked!

My email profile only lists NY state.  I have not posted where I teach in any website or posting here.  So, while cutting it close, I think I am still "safe."

Chaunte

[Leigh]

You might want to look into this to get involved without "outing" yourself.

http://www.glsen.org/cgi-bin/iowa/home.html

[taylor]

Chantelle,

Changing your name is a simple process for the teaching certificate in MOST states. Send in a letter showing your legal name changes, and they change it. There is nothing needed to be said about your sex status, because from the states I have taught in and people that I know, none of us have taught in states that had sex status on the certificate. 

Educational transcripts are another deal, they do of course require both the name and the sex status to be changed.  In some cases you can do this without disclosure, but if you have to do it long distance, well you have to disclose.  If you need info on that let me know and I will share with you .

If you ever need legal assistance, seriously contact the GBLT legal resources in Atlanta GA. they are AMAZING, and they do not play around, they get right on top of things.  I had a legal situation a few years ago  ( not related to this topic) and called for their help,and they were at my door in less than 48 hrs I kid you not! and in less than 24 hrs problem was solved!  They came from out of state, and never asked me for one red dime. Donations are great to give, but you don't have to pay them in the majority of cases their services are a 100% free.  If not all cases, honestly cannot remember, but it may be all cases.

Hope this helps somehow!

Peace,

Taylor

[Chaunte]

You might want to look into this to get involved without "outing" yourself.

http://www.glsen.org/cgi-bin/iowa/home.html

Leigh,

Thank you for the info!  It also give me a better background for the Day of Silence I talked about in my other post.

Chaunte


Posted at: April 25, 2006, 10:20:59 PM

Chantelle,

Changing your name is a simple process for the teaching certificate in MOST states. Send in a letter showing your legal name changes, and they change it. There is nothing needed to be said about your sex status, because from the states I have taught in and people that I know, none of us have taught in states that had sex status on the certificate. 

Educational transcripts are another deal, they do of course require both the name and the sex status to be changed.  In some cases you can do this without disclosure, but if you have to do it long distance, well you have to disclose.  If you need info on that let me know and I will share with you .

If you ever need legal assistance, seriously contact the GBLT legal resources in Atlanta GA. they are AMAZING, and they do not play around, they get right on top of things.  I had a legal situation a few years ago  ( not related to this topic) and called for their help,and they were at my door in less than 48 hrs I kid you not! and in less than 24 hrs problem was solved!  They came from out of state, and never asked me for one red dime. Donations are great to give, but you don't have to pay them in the majority of cases their services are a 100% free.  If not all cases, honestly cannot remember, but it may be all cases.

Hope this helps somehow!

Peace,

Taylor

Taylor,

It's not a question of changing names as it is protection under the law.  Here in NY, the transgender community has no direct protection.  However, as Helen and the NEA have said, it is still possible to build a case on existing law.

Thank you for the tip on the law firm in Atlanta.  I hope I never need them.  However, its nice to know they exist.

Chaunte

[taylor]

Chuante,

Yea, sex discrimination laws that exist, are often used to argue for Trans discrimination. Sometimes very effectively too. 

T C

Taylor

[HelenW]

Here's something I found through my support group's website:

http://www.nycla.org/siteFiles/News/News26_1.pdf

This is a PDF file of a document that indirectly mentions court cases protecting transgendered people under the current New York State sex discrimination statutes as well as information regarding NY Assembly bill Assembly Bill A07438 and the Senate Bill S04794, called GENDA (Gender Expression Non Discrimination Act).  Apparently this bill has been referred to a committee since January or March (according to the NY State Assembly and Senate web pages).

The document notes that certain cities in NY have nondiscrimination laws on the books that specifically mention gender expression.  Rochester is one of those cities along with NYC, Albany and Buffalo.  This may be a good circumstance in your favor.

The bill has not yet passed, however, so the rest of the state (me included) is not protected.  Anyone reading this who lives in New York State: Please let as many people as you can know about this and ask them to support passage of this important legislation by telling others and writing to their representatives.

I'm not sure if it would make a big difference but if out of state people wrote the Assembly and Senate's majority leaders about how this legislation should be passed I think it couldn't hurt.

The Assembly's leader: Sheldon Silver (no e-mail listed)
DISTRICT OFFICE
250 Broadway
Suite 2307
New York, NY 10007
212-312-1420

ALBANY OFFICE
LOB 932
Albany, NY 12248
518-455-3791

Senate Leader: Joseph L. Bruno
http://www.senatorbruno.com/contact_info.asp

helen

[Chaunte]

NY State Ed replied today.  Not only was their reply faster than what I thought, it was far better than what I expected!  I have removed the name of the NY State Ed attorney for this posting.  I do have it if any of my brothers and sisters here are in need of it.

This is a BIG obstical out of the way in regards to transitioning!

Chaunte   


Dear Ms. Chaunte Marie O'Connor:

I am responding to your recent message concerning your transgenderism
and the effect on your teaching license.  The Education Department
frequently re-issues licenses to reflect a new name to individuals who
have changed their name.  In order to do so, you would have to submit
an application update with a name change request.  You would also have to
have your basic profile information changed which reflects your gender
change.  In order to have the Department change your profile
information in the Office of Teaching Initiatives database, your would have to
support your request with appropriate documentation from your
physician.

Once this information is received, the department will make the
profile change in the database and re-issue a duplicate certificate.

I hope this information is helpful to you.

NYS Education Department

[Kate Thomas]

Chaunte

Some links for you to check out!

A GLBT event in albany and contact info
http://www.prideagenda.org/events/ed_schedule_06.html
http://www.prideagenda.org/pride/contactus.html

Information about a bill that fufills your dream, including  T idenity and T expresion in nondiscrimnation leglaslation.
http://www.prideagenda.org/pride/genda.html

a washington state T student/educator sight
http://www.safeschoolscoalition.org/COMINGOUT-adviceforschoolstaff.pdf
http://www.safeschoolscoalition.org/RG-law_policy_nationalorganizations.html

BTW I am a member of NEA also.   Support Staff.

Kate Alice