Katy ISD is under investigation for gender identity policies

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The U.S. Department of Education’s Office for Civil Rights on Monday opened an investigation into the Katy Independent School District’s gender identity policy on grounds of gender-based harassment under Title IX. The investigation came nine months after the district adopted a policy that notifies parents if their child wants to use a different name or pronouns at school.

Katy ISD did not respond to a request about how many parents were notified this year under the new policy, which requires staff to inform parents that students are transgender or ask them to use different names or pronouns.

The Houston Chronicle reported in December that the district had notified parents at least 23 times since the policy was adopted.

The gender identity policy also prohibits schools from teaching “gender fluidity” and bars students from participating in sports competitions of the gender with which they identify. This reflects state legislation that already governs K-12 athletics.

Students Engaged in Advancing Texas, a student-led advocacy group, filed a complaint with the U.S. Department of Education regarding the policy in November. Cameron Samuels, a Katy ISD graduate and SEAT member, calls the investigation a victory against conservative politics in the district.

“The far-right school board candidates who were elected solely on platforms to appeal to marginalized students have accomplished exactly what they were elected to do: weaponize identity and neglect the educational needs of students,” they said.

Title IX prohibits sex discrimination in educational institutions or federally funded activities. Gov. Greg Abbott has been vocal in his opposition to federal law that recently directed the Texas Education Agency to disregard the Biden administration’s expansion of Title IX.

“The district is committed to providing equal educational opportunities for our entire community,” a Katy ISD spokesperson told the Tribune in response to the investigation. “While we have received the OCR filing and deny any wrongdoing, we are committed to remaining fully cooperative and responsive throughout the process.”

Victor Perez, Katy ISD board president and proponent of the policy, argued that the policy has been “mistakenly” portrayed by community members as an attack on their queer and transgender students and instead relieves the burden on staff of withholding information from parents. The policy was approved at a board meeting in August by a 4-3 vote after four hours of public comment.

Alastair Parker, a member of the Cinco Ranch High School Gender-Sexuality Alliance, spoke against the policy at the board meeting.

Parker and others argued that the policy violates transgender children’s rights to express themselves and exposes them to potential harm if they are outed to transphobic parents or caregivers.

Johnathan Gooch of Equality Texas, a nonprofit advocacy group for LGBTQ+ Texans, said he hopes that with the increasing number of laws targeting LGBTQ+ youth, students recognize their power to report policies like these.

This isn’t the first time gender-based policies have been examined at the federal level in Texas. As of last February, Carroll ISD in Tarrant County reportedly had eight ongoing investigations after removing protections based on race, religion, gender and sexual orientation.

Using preferred pronouns has proven mental health benefits. A research team at the University of Texas at Austin conducted a study that concluded that students in gender-affirming environments reported 71% fewer symptoms of major depression, a 34% decrease in reported suicidal ideation, and a 65% decrease in suicide attempts .

“When students trust teachers and school administrators, the school has a duty to maintain that trust,” Gooch said. “This duty requires schools to ensure that no disclosure would endanger a student.”

Parker has been out as a transgender man since seventh grade and is supported by his father, with whom he lives. He acknowledged that this was not the case for many of his classmates, as some parents were less accepting.

His teachers used his preferred name and pronouns throughout his high school years. But since the policy went into effect, he has seen some of his classmates give their dead names because they feared their parents would be notified.

Last year, other schools across the state adopted similar policies.

Keller ISD, also in Tarrant County, adopted a policy in late June that prohibits students from using their preferred name and pronouns or using restrooms of the gender with which they identify.

The Texas American Civil Liberties Union responded to this action with retaliation. In a letter to the district, she wrote that the measure was “deeply invasive and unlawful for school administrators to request private medical information from students in this manner.”

As the end of the school year approached, Parker observed that the policies were being enforced by teachers to varying degrees. Passing such laws or policies deters the ongoing health crisis for queer and transgender youth and is completely unnecessary, he said.

“If a child doesn’t tell their parents something like that, there’s a reason,” he said. “I know that most of the people who support this are the ones who are going by what their parents tell them to repeat.”

Disclosure: Equality Texas has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. A full list of them can be found here.

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