From "Coulds" and "Shoulds" to "Musts": The Subjective Struggle for Gender-Affirming Schools

 Author & Text: 

Guidance for RI Schools on Transgender and Gender Nonconforming Students -- RIDE, 2016; Queering Our Schools -- Rethinking Schools; Woke Kindergarten Read Aloud: It Feels Good to Be Yourself by Theresa Thorn -- YouTube video. 

ARGUMENT

The RIDE guidance argues that schools have a legal and ethical obligation to protect the privacy and identity LGBTQ+ students to ensure educational equity.  While the 2025/2026 Joint Reaffirmation Guidance from the Attorney General's office attempted to shift the 2016 "shoulds" into "musts" as a shield agains federal rollbacks, the system remains "janky" at best.  

The language of these protections is still incredibly loose. While students have a right to "feel safe," the definition of safety is dangerously subjective. The point that struck me most was that schools are still not required to include gender-neutral spaces in new construction or renovations.  This is a massive "Action Gap." By treating inclusive bathrooms as an optional budget item, the state essentially signals that student safety is a luxury rather than a right. 

The 'Action Gap' in physical infrastructure.

This lack of mandate forces students into "separate but equal" solutions, like using a nurse's office.  As noted in the Rethinking Schools article and the Woke Kindergarten video, this separation perpetuates "othering," turning a student's identity into a logistical problem to be managed rather than a person to be affirmed.   

RIDE focuses on the "safety floor" -- the legal minimum -- while these other resources focus on the "affirmation ceiling." Currently, the day-to-day work of ensuring these rights falls upon families.  While having a staff member who "gets it" helps, relying on individual allies is not a systemic solution. When training is optional and the law is loose, schools default to the most clinical version of safety that fails to meet the actual needs of the student. 

The 'Affirmation Ceiling' of joyful belonging

A Question for the Class:

If "feeling safe" is subjective, can a standardized policy ever actually achieve equity? Or are we destined to stay in a cycle of "coulds" because the system is too afraid to mandate the empathy infrastructure, and training required to support a student's internal sense of security?

Comments

  1. Grace ChildressApril 17, 2026 at 4:55 AM

    Hi Adriana,
    I enjoyed reading your blog! I agree that training is necessary because defaulting to the clinical version of safety allows for basically the bare minimum. It's great that these laws are in place to prevent discrimination as a whole, but this doesn't always mean the student truly feels safe at school. I definitely agree that there needs to be more training to support these students in order to create a positive and inclusive environment. When things are seen as option, they are treated as such - and this "luxury" of student safety will not be prioritized.

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  2. KTApril 18, 2026 at 11:24 AM

    Hi Adriana, thank you for sharing your thoughts on the readings! I didn't realize low loose the verbiage was in the document. It's crazy that schools have an ethical/legal obligation to protect the privacy/identity of LQBTQ+ students, yet gender neutral bathrooms are 'optional' for new school construction or renovation. It's like "empty lip-service" where the education system is only doing just enough in acknowledging the problem for appearances but refuse to take concrete action.

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