The Department of Education and Youth has said that although the direct governance of schools rests with boards of management, schools are obliged to ensure safe and inclusive environments for all students, including those who are trans or non-binary, reports RTE.
The department was responding to media reports claiming that an Irish Council for Civil Liberties (ICCL) rights guide for trans and non-binary people had incorrectly attributed information to the department, reports RTE.
The ICCL booklet says departmental guidance states that schools “must make every effort to update (a trans or non-binary student’s) name and pronoun in relevant systems and documents” and that schools “must use (a student’s) correct name and pronoun in day-to-day interactions”.
It goes on to state: “Under the General Data Protection Regulation (GDPR), your school has a legal responsibility to maintain accurate records about you and to rectify inaccurate personal data if requested. The Equal Status Acts 2000-2018 prohibit discrimination on the grounds of gender, which typically covers trans and non-binary people”, reports RTE.
The department said that Bí Cineálta anti-bullying procedures require schools to foster an environment where every student experiences a sense of belonging and feels safe, connected and supported.
“The procedures have been updated to take account of gender identity bullying, cyberbullying, racist bullying, sexist bullying, and sexual harassment”, the department said, reports RTE.
While the department said no formal ‘guidelines’ have been issued on how schools should address a trans or non-binary child’s preferred name or pronoun, it noted that a ‘resource’ published in 2016 – *Being LGBT in School* – provides guidance to schools on how best to support LGBT students.
The resource advises that there is nothing preventing schools from using a student’s preferred name in everyday interactions, regardless of the name officially recorded on the school register, and states that “all decisions should be taken with the welfare of the student as the primary consideration”, reports RTE.
The department said this resource is currently undergoing an independent review by Maynooth University.
It said it plans to publish an updated resource for schools, aligned with best practice, once the review has been completed, reports RTE.
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