House Democrats plan bills to protect transgender students. Here’s what it might mean to Pa. schools.

As a number of area school districts have banned transgender students from using bathrooms and playing on sports teams aligned with their gender identity, Democratic lawmakers are pushing legislation to protect those students from discrimination.

Flanked by advocates for transgender youths at the William Way Community Center in Philadelphia, House Democrats said Tuesday that they would be introducing a package of bills aimed at ensuring inclusive school environments for LGBTQ students — from representation in school curriculums to anti-bullying protections and provisions that students can play on teams matching their gender identities.

“This matters because every single one of our kids deserves to go to school in an environment that is safe, that is supportive, and that provides a pathway for our kids to grow up to be the incredible adults they can be when they are surrounded by adults who give a damn about them,” said State Rep. Malcolm Kenyatta, a Philadelphia Democrat.

Echoing Philadelphia Councilmember-elect Rue Landau, Kenyatta said that Pennsylvania “cannot have a patchwork approach” when it comes to policies on transgender students.

Here’s what policies currently exist and what Democrats say they’re hoping to enact statewide:

The Philadelphia School District was in the vanguard of protecting transgender students; seven years ago, it passed a sweeping policy requiring all of its 216 schools to allow students to be referred to by the name and pronoun of their choice, use the bathroom of their choice, and participate in the athletic team of their gender choice. Students do not need parental permission, a court order, or evidence of medical transition.

District schools offer at least one gender-neutral restroom per building, and the system’s policy calls for schools to use gender-neutral language whenever possible and to avoid the practice of segregating students by gender — such as requiring boys to wear one color gown at graduation ceremonies and girls another, or having students form lines based on gender.

Though the policy is considered a strong one, its implementation is not perfect, and advocates have called for stronger education and enforcement.

While some other Pennsylvania school districts have also adopted inclusive policies, several others have done the opposite, “mirroring policies in states like Alabama and Texas,” said Daye Pope, civic engagement director with Transgender Advocates Knowledgeable Empowering (TAKE).

In the Philadelphia suburbs, the Pennridge School District this year has enacted policies barring transgender students from using bathrooms and playing on sports teams matching their gender identity. The Central Bucks School District earlier this month passed a similar athletics policy, with supporters arguing it would protect women’s sports.

The Perkiomen Valley School District also passed a bathroom policy this fall, spurred by debate around a father’s social media post that his daughter was upset about using the bathroom at the same time as a student who was possibly male.

In all three of those districts, Democrats swept the recent school board elections, suggesting those policies could be revisited.

Despite “really encouraging” election results, “there’s still too many kids in our commonwealth who are subjected to discrimination and censorship in school districts where they shouldn’t have to deal with that,” Pope said.

To that end, Democrats say they plan to introduce four bills that would create statewide rules. The proposals include requiring curriculums on the experiences and contributions of LGBTQ people — allowing “children in the LGBTQ+ community to see themselves reflected” in lessons, said State Rep. Joe Hohenstein (D., Philadelphia), who plans to sponsor the bill.

The other three proposals would prohibit student discrimination and harassment based on actual or perceived sex, sexual orientation, gender identity, or expression; require that newly constructed or renovated schools include gender-neutral bathrooms while also ensuring students can use the restrooms and participate on sports teams that align with their gender identity; and establish best practices for supporting transgender and nonbinary students, including extending anti-bullying protections to those students and using their preferred name and pronouns.

“When it comes to supporting transgender students, the question is not if the need will arise, but when,” said State Rep. Paul Takac (D., Centre), who — like Hohenstein — said he had a transgender child.

Citing survey data that more than 50% of trans and nonbinary youths seriously considered suicide last year, Takac said that failing to enact protective policies “comes at a human cost that can be both tragic and heartbreaking.”

One trans youth, Rihanna Rafshid, said she struggled in high school, cutting herself and enduring taunts and harassment — including unwanted touching — from classmates.

“Life was so very difficult for me,” said Rafshid, who is with the Ark of Safety, an LGTBQ shelter in Philadelphia. She grew emotional during her remarks.

While lawmakers have yet to introduce the bills, Hohenstein said they would do so before going back to session in two weeks.

It’s unclear what support they’ll have in the Senate, which unlike the House, is controlled by Republicans. A spokesperson for Senate Majority Leader Joe Pittman didn’t immediately respond to a request for comment Tuesday afternoon. A spokesperson for Democratic Gov. Josh Shapiro said he couldn’t comment without seeing the bills, but would review them as they move through the legislative process.

Kenyatta said the bills should get broader support. “It doesn’t seem like great politics to continue to beat up on trans kids and their families,” he said, pointing to recent election results favoring Democrats.

It will require “individual action” to challenge discriminatory policies enacted by school districts, Hohenstein said. But passing laws at the state level would “set a baseline,” empowering advocates to pursue policies supporting transgender students, Hohenstein said.

Meanwhile, if a curriculum bill were to pass, the Pennsylvania Department of Education would be tasked with enforcing it, said State Rep. Mary Isaacson (D., Philadelphia).