Additionally, staff would be required to notify parents if a student asks to use a different pronoun, name or gender identity, according to the policy.
At the April 7 agenda review workshop, board President Kristin Tassin said that with the exception of the parent notification component, this policy reflects nonpublic-facing procedures already in place.
“[The policy] does not change a single thing, except that it cannot be hidden from parents,” Tassin said. “Why would we say it's OK to hide something from a child's parent?”
The specifics
According to district documents, the policy outlines the following guidelines:
- Staff are prohibited from asking for preferred pronouns and will notify parents if a student wants to change their name, identify as transgender or use pronouns inconsistent with their birth-assigned sex.
- Students cannot enter athletic competitions not designated for their birth-assigned sex.
- District bathrooms and locker rooms will be for exclusive use of a specific designated sex.
- Staff cannot diagnose gender dysphoria.
- Instructional materials, including displays and signage, cannot promote gender fluidity and will be removed from classroom settings.
Chris Gilbert, FBISD interim general counsel, said the board could consider allowing the name a parent uses for student registration instead of the birth certificate.
Gilbert was contacted by Community Impact about existing procedures outlining district facility use and athletic competitions, but he could not be reached by the time of this article’s publication.
The discussion
Trustee David Hamilton said he believes this policy gives administrators “a leg to stand on” when dealing with issues of gender fluidity.
“Our teachers and our campus administrators are dealing with these issues on a regular basis," Hamilton said. “And in the absence of a board policy, they have a little bit more pressure.”
Gilbert confirmed that none of these policies are required by law, although trustee Rick Garcia said he believes this policy would prepare staff if potential laws are passed in the future.
“We're doing this now instead of waiting for said bill to pass because ... it gives staff time to quickly get ready,” Garcia said.
Trustee Angie Hanan asked if teachers could assign texts with gender fluid characters, pointing out that most of the materials the administration has removed from the instructional curriculum since August have representations of the LGBTQ+ community.
However, Gilbert said the administration would determine if instructional material promotes or merely represents gender fluidity.
Hanan said she hopes this policy would protect district staff who are transgender. She also suggested added verbiage to say the policy aims to avoid reinforcing gender stereotypes, ensuring all students have equal access to district curriculum and resources.
“I hope [transgender staff] just being isn't considered promoting gender fluidity,” Hanan said.
What parents are saying
During public comments, parent Christina Saunders cited the American Psychological Association, which released guidelines for school administrators in 2015 that suggest policies can play a role in intervening in instances of bullying for LGBTQ+ students, according to its website.
“Transgender youth are also more likely to feel less safe at school than cisgender youth,” Saunders said. “Why try to erase this small minority of the population with arcane rules?”
Parent Angie Wierzbicki said the policy changes were not made in consultation with the School Health Advisory Council, which oversees FBISD’s mental health and wellness policies, according to the district website.
“You are fooling yourself if you believe this policy doesn't constitute bullying or harassment," Wierzbicki said. “In fact, it will inspire it.”
Zooming out
Cy Fair, Conroe and Katy ISDs have all adopted policies that would notify parents if students used pronouns that do not align with their birth-assigned sex, Community Impact reported.
Katy ISD’s prohibition of gender-fluidity in classroom materials triggered a series of book restrictions that would mirror the policies approved in 2024 by Lamar Consolidated ISD and FBISD.
Keller ISD’s school board approved a policy in August that required parent permission and notification if a student wanted to be identified by something other than their birth certificate-listed name or gender, Community Impact reported. But the American Civil Liberties Union issued a warning to the district saying it was in opposition to Title IX, a 1972 nondiscrimination law that has historically protected women in education.
However, a February ruling by the U.S. The District Court for the Northern District of Texas in favor of Carroll ISD said the Department of Education’s rewrite of Title IX to include sexual orientation and gender protections exceeds its authority, Community Impact reported.
This ruling came over a year after Carroll ISD mandated students to use bathrooms and locker rooms that correspond to their birth-assigned sex and stipulated it will not compel its personnel or other students to use a requested pronoun in 2023, Community Impact reported.
Next steps
The board will vote on the policy at the April 14 regular meeting, according to district documents.
According to the policy, the administration may also create a process that allows district staff to fulfill their obligation to provide the parental notice.
