Transgender kids in Philly schools and youth organizations are now protected by a nondiscrimination law

Philadelphia schools and organizations that serve children and teenagers must make accommodations for transgender youth or risk penalties under new nondiscrimination regulations that the city enacted this month.

After a nearly three-year legal review and pandemic-related delays, the rules that stem from legislation passed in 2019 apply to charter schools, recreation centers, day cares, after-school programs, and sports leagues that serve people younger than 18.

The change to the city code comes as transgender young people have increasingly become a political issue, with lawmakers in a handful of states — including Pennsylvania — championing legislation that seeks to restrict the rights of trans children.

Under Philadelphia’s new regulations, organizations must allow transgender and gender-nonconforming youth to use the names, pronouns, clothing, and restrooms that correspond with their gender identity. The rules also require employees of youth-serving organizations to undergo training, and say that they can’t reveal a child’s transgender status to staff, peers, or parents “unless the youth has authorized such disclosure.”

Kia Ghee, the executive director of the Philadelphia Commission on Human Relations, said the city will conduct training upon request and will weigh penalties for violations on a “case-by-case basis.” She described the regulations as strengthening the city’s existing nondiscrimination ordinances, which already protect people on the basis of gender identity and expression.

“When you’re dealing with youth, that’s a completely different type of person that you want to protect,” she said. “They oftentimes are voiceless and in the care of adults.”

Enforcement falls to the commission, which can receive complaints about violations, launch investigations, and levy fines. The commission will also weigh requests from organizations that are facing complaints and claiming exemption for religious reasons — but groups can’t preemptively request to be exempt.

At-large City Councilmember Helen Gym, who introduced the legislation, said in an interview that the regulations are taking effect at a “crucial” time, citing bills at the state and national levels that aim to limit some health-care options for transgender youth or ban transgender girls from participating in girls’ sports.

“Recent bills attacking student athletes and national-level bills that sought to criminalize health-care access have become more extreme,” she said. “We want the youth here to know that they are seen and that they belong.”

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The law outlining the new regulations passed City Council unanimously and was signed by Mayor Jim Kenney. The legislation was intended to make the School District of Philadelphia’s relatively progressive guidelines regarding transgender students a uniform, citywide nondiscrimination policy.

Anne Clark, executive director of the Pennsylvania Coalition of Public Charter Schools, said many charters already have policies that aim to protect transgender and nonbinary students. She said she “can’t imagine” operators having a problem with the city regulations.

“We want all children to thrive in our communities and be healthy and happy and feel accepted,” Clark said.

Local advocates for the transgender community cheered the regulations as needed in a time of increasing political attention on transgender kids.

Chloe Harris, a recreation center leader in Southwest Philadelphia who is transgender, helped develop the legislation — and now, as an employee of a youth-serving organization, she’ll be carrying it out.

“Trans youth have sort of become this political football, and it’s very unfortunate because these are children,” she said. “It’s important that we keep these kids safe and out of that battle, and I could not be more proud as a born and raised Philadelphian than I am today.”

Erin Ellis, whose two elementary-age children are enrolled in Philadelphia public schools, said she’s grateful for the new protections that will apply to her kids — one is transgender; the other is nonbinary.

She said her daughter had a “traumatic and awful experience” at a day care center where she was misgendered regularly, so she moved her to a public school, where she knew the nondiscrimination policy would apply.

Ellis said she’s proud the regulations require training and education for adults who work with children and teens.

“I see it as protection for the children and service to the grown-ups who work with them,” she said. “This education doesn’t just serve the gender-nonconforming kids. Many parts of this regulation will benefit all children who participate in programs for youth.”