Breaking the Dress Code: Protecting Transgender Students, Their Identities, and Their Rights

The aim of this Article is twofold. First, this Article aims to provide a foundation for lawyers who represent transgender students and how these advocates can protect their clients' rights to express their gender identity. Second, this Article aims to provide practical non-litigation strategies that lawyers and educators can utilize to create a safe space for their transgender students and clients. Part I helps frame this discussion by providing an overview of important transgender terminology. In this section, I focus on the definitions of "transgender" that guide this Article, namely, Phyllis R. Frye's definitions of "part-time" and "full-time" transgender people. Part II examines two cases about transgender youth in schools, Doe v. YunitS and Youngblood v. School Board of Hillsborough County. Through these cases, I provide examples of a part-time and a full-time transgender youth challenging dress codes. In Part III, I outline the advantages and disadvantages of two of the legal claims raised in Yunits and Youngblood- disability and freedom of expression. Part Four, discusses non-litigation strategies that advocates and educators can utilize to create a "safe space" for transgender youth as litigants and as students, as well as how schools can address claims of harassment and bullying with an eye toward preventing and deterring litigation