On November 23, 2011, Governor Patrick signed into law “An Act Relative to Gender Identity,” which amended M.G.L. c. 76, § 5 to prohibit discrimination on the basis of gender identity of students who enroll in or attend public schools. In June, 2012, the regulations were revised to reflect that schools must provide equal access to all educational opportunities irrespective of a student’s gender identity. 603 CMR §26.01-26.09. The law went into effect in July, 2012.
On February 15, 2013, the Massachusetts Department of Elementary and Secondary Education (DESE) issued guidance clarifying how the law and its regulations apply to school districts and addressing a school district’s obligations when dealing with students whose gender identity is different than their birth sex.
A summary of the guidance is available on our website (https://nmplabor.com/wp-content/uploads/2014/05/nondiscrimination-gender.pdf). NMP is available to provide professional development, policy review and counsel on the new law.
